Abstract
To consider additional explanations for how legal professionals think and act, other dimensions still need to be assessed. Thus far, I have described the variables of legal family and sex in the social dimension, schools of thought in the educational dimension, and sector (State or market) and organizational membership within the organizational dimension. This section complements previous analysis by looking at the other variables expected to affect the modes of thinking and acting of professionals in the sample.
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Notes
- 1.
Art. 119 and 120 of the 1988 Federal Constitution
- 2.
The public selection recruitment process to legal professions at the state bureaucracy was re-inaugurated after the 1988 Brazilian constitution, when internationally widespread propositions of the new public management were incorporated. (Cavalcante and Carvalho 2017)
- 3.
Report available at: https://www.ohchr.org/en/taxonomy/term/1280?page=28
- 4.
- 5.
There are removal and promotion competitions within the administration of justice, the first for sitting judges and the latter for circuit (or substitute judges). The competitions are organized by a directive body of the court with administrative functions. In the Third Regional Section, for instance, that would be the Federal Justice Council of the Third Region (CJF3R).
- 6.
In other words, money laundering crimes of competence of the Federal Justice or those foreseen in Law n. 7.492/1986
- 7.
The Brazilian Constitution grants a special jurisdiction, known as foro privilegiado, for holders of public office who enjoy a special standing before courts in cases brought against them. See Da Ros, 2014 p. 2 for a dense description with comparative aspects.
- 8.
This has been the topic of other works, among them a resolution enacted by the National Council of Human Rights in 2018 about situations of rural and urban collective land disputes (RES10/2018, CNDH)
- 9.
Agravo Regimental na Reclamação 36.542/PR p. 30
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- 11.
The Indictment concerning the PT (Inq. 4.325) investigates acts between 2002 and 2016 and the indictment against the PP (Inq. 3.989) refers to acts happening between 2004 and 2015.
- 12.
Inq. 4325/DF, p. 7.
- 13.
Criminal file nº 0509503–57.2016.4.02.5101/RJ and nº 5037800–18.2016.4.04.7000/PR respectively.
- 14.
Namely, TRF1 Covers the federal units of Acre, Amapá, Amazonas, Bahia, Distrito Federal, Goiás, MaranhĂŁo, Mato Grosso, Minas Gerais, Pará, PiauĂ, RondĂ´nia, Roraima e Tocantins
- 15.
OECD. Brazil. Phase 2. Report on the Application of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 7. December 2007.
- 16.
Country Review Report of Brazil conducted by Haiti and Mexico of the implementation by Brazil of articles 15—42 of Chapter III. “Criminalization and law enforcement” and articles 44—50 of Chapter IV. “International cooperation” of the United Nations Convention against Corruption for the review cycle 2010—2015.
- 17.
Other notable organs are: (1) the Council of Financial Activities Control (COAF), created in 1988; (2) the Office of the Comptroller General (CGU), set up in 2003; and (3) the Department of Asset Recovery and International Legal Cooperation (DRCI), implemented in 2004.
- 18.
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- 21.
Brazilian Law No. 12.850 and No. 12.846 both of 2013
- 22.
According to the group’s page, “Prerrogativas was created as a closed group on WhatsApp, first to defend the professional prerogatives of lawyers, systematically violated in Lava Jato Brazil. Prerogatives, it should be said, are not to be confused with privileges. Those are the guarantees provided by law so that lawyers can represent and defend the interests of their clients without restrictions.” (Available at https://www.prerro.com.br/grupo-prerrogativas/) One of their recent activities has been meeting with the Association of Federal Prosecutors.
- 23.
Such proposal (ADI No. 4,650/11) was linked to the republican principle: the notion that rulers and public agents are only representatives of the entire collectivity, the people being the real holder of the res publica. After four years, the Supreme Court agreed with the OAB by eight votes to three, to ban electoral donations from business corporations, thus abolishing the main private source of campaign financing in the country.
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Trombini, M.E. (2023). Additional Factors of Explanations. In: Legal Professionals in White-Collar Crime. Organization, Management and Crime - Organisation, Management und Kriminalität. Springer VS, Wiesbaden. https://doi.org/10.1007/978-3-658-40747-6_6
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