{"title":"南半球专门反腐败法院制度设计的分析模型:比较视角下的巴西和印度尼西亚*","authors":"L. Madeira, Leonardo Geliski","doi":"10.1590/DADOS.2021.64.3.240","DOIUrl":null,"url":null,"abstract":"An Analytical Model of the Specialized Anti-corruption Courts’ Institutional Design in the Global South: Brazil and Indonesia in Comparative Perspective This article introduces the Brazilian experience of fighting corruption through specialized courts, presenting their creation, main characteristics, and convergences and divergences in comparison with the well-known case of the specialized court of Indonesia. The study proposes an analytical model of the specialized anti-corruption courts’ institutional design. It adopts a qualitative approach using content analysis based on reports issued by multilateral agencies, legislative and judicial documents, and interviews. While in Brazil, specialized courts receive great notoriety and resources, in Indonesia, courts are neglected in terms of financial and human resources, recruitment, supervision, and support. Different from Indonesia, the process of creating specialized courts was endogenous in Brazil, controlled and conducted by members of the judiciary in courts and lobbying other government branches. The internal movement around the policies to address corruption and the direct connection between judges and international organizations led to the executive’s support and legislation change in Congress.","PeriodicalId":51809,"journal":{"name":"Dados-Revista De Ciencias Sociais","volume":"51 1","pages":""},"PeriodicalIF":0.5000,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":"{\"title\":\"An Analytical Model of the Institutional Design of Specialized Anti-corruption Courts in the Global South: Brazil and Indonesia in Comparative Perspective*\",\"authors\":\"L. Madeira, Leonardo Geliski\",\"doi\":\"10.1590/DADOS.2021.64.3.240\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"An Analytical Model of the Specialized Anti-corruption Courts’ Institutional Design in the Global South: Brazil and Indonesia in Comparative Perspective This article introduces the Brazilian experience of fighting corruption through specialized courts, presenting their creation, main characteristics, and convergences and divergences in comparison with the well-known case of the specialized court of Indonesia. The study proposes an analytical model of the specialized anti-corruption courts’ institutional design. It adopts a qualitative approach using content analysis based on reports issued by multilateral agencies, legislative and judicial documents, and interviews. While in Brazil, specialized courts receive great notoriety and resources, in Indonesia, courts are neglected in terms of financial and human resources, recruitment, supervision, and support. Different from Indonesia, the process of creating specialized courts was endogenous in Brazil, controlled and conducted by members of the judiciary in courts and lobbying other government branches. The internal movement around the policies to address corruption and the direct connection between judges and international organizations led to the executive’s support and legislation change in Congress.\",\"PeriodicalId\":51809,\"journal\":{\"name\":\"Dados-Revista De Ciencias Sociais\",\"volume\":\"51 1\",\"pages\":\"\"},\"PeriodicalIF\":0.5000,\"publicationDate\":\"2021-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Dados-Revista De Ciencias Sociais\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1590/DADOS.2021.64.3.240\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"SOCIAL SCIENCES, INTERDISCIPLINARY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Dados-Revista De Ciencias Sociais","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1590/DADOS.2021.64.3.240","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"SOCIAL SCIENCES, INTERDISCIPLINARY","Score":null,"Total":0}
An Analytical Model of the Institutional Design of Specialized Anti-corruption Courts in the Global South: Brazil and Indonesia in Comparative Perspective*
An Analytical Model of the Specialized Anti-corruption Courts’ Institutional Design in the Global South: Brazil and Indonesia in Comparative Perspective This article introduces the Brazilian experience of fighting corruption through specialized courts, presenting their creation, main characteristics, and convergences and divergences in comparison with the well-known case of the specialized court of Indonesia. The study proposes an analytical model of the specialized anti-corruption courts’ institutional design. It adopts a qualitative approach using content analysis based on reports issued by multilateral agencies, legislative and judicial documents, and interviews. While in Brazil, specialized courts receive great notoriety and resources, in Indonesia, courts are neglected in terms of financial and human resources, recruitment, supervision, and support. Different from Indonesia, the process of creating specialized courts was endogenous in Brazil, controlled and conducted by members of the judiciary in courts and lobbying other government branches. The internal movement around the policies to address corruption and the direct connection between judges and international organizations led to the executive’s support and legislation change in Congress.
期刊介绍:
Dados - Revista de Ciências Sociais is a quarterly publication of the Instituto Universitário de Pesquisas do Rio de Janeiro (IUPERJ) aiming at publishing original articles in the area of social sciences. IUPERJ is the social sciences research organ of the Universidade Candido Mendes - UCAM. Opinions and concepdados expressed in signed articles are exclusive responsibility of the authors. Published from 1966, the journal"s abbreviated title is Dados, the form that should be used in bibliographies, footnotes, and bibliographical references and strips.