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International consultancy report on corruption in Brazil disregards MPF’s performance numbers

The Americas Society/Council of the Americas’ and Control Risks’ capacity to combat corruption index is erroneous when it affirms the end of investigations

Regarding the Federal Prosecution Service’s score in the 2021 Capacity to Combat Corruption Index (CCC), launched on Monday (14) by both Americas Society/Council of the Americas and Control Risks consultancy, also published in the article of the Valor Econômico newspaper entitled “Ambiente institucional derruba avaliação do Brasil” (“Institutional environment brings down Brazil’s ranking”), the Office of the Prosecutor General (PGR) clarifies:
Different from what the 2021 Capacity to Combat Corruption (CCC) Index states, neither have investigations against corruption lost momentum nor has Operation Car Wash been dismantled. What happened was the institutionalization of the work within MPF, which has reflected in the way the team is organized, from a task force model to Special Groups for the Fight Against Organized Crime (Gaecos).

Before, the natural prosecutor who received the large size case would choose, without following any criteria, coworkers from any part of the country to help them and then, they would request PGR for the designations, which had to be renewed every year. It was a precarious model, which lacked rules. The ongoing institutionalization has allowed the natural prosecutor of the large case to receive support from a permanent group - Gaeco, formed following clear criteria in the scope of the Offices of Federal Prosecution themselves, with two-year mandates and guarantees to its members.

The creation of Gaecos is provided for in Resolution 146, of the Superior Council of the Federal Prosecution Service (CSMPF), since 2013. Augusto Aras’ administration at PGR has implemented the model, already discussed and approved by the institution, based on the successful experience of the State Prosecution Services, which have been adopting Gaecos for over 25 years. The current administration has implemented, so far, seven groups to combat corruption in Minas Gerais, Paraíba, Paraná, Pará, Amazonas, Rio de Janeiro and Bahia. For the work of the Car Wash in Curitiba and Rio de Janeiro not to be discontinued, PGR has anticipated a transition period, placing the prosecutors of those task forces in Gaecos.

MPF performance numbers and, mainly, those of PGR show that the combat against corruption continues and has advanced. In 2020, PGR only, which performs in higher courts, filed 30 criminal complaints and 35 criminal charges – 28 before the Superior Court of Justice (STJ) and seven before the Federal Supreme Court (STF). At least 28 plea bargain agreements were signed, which will help discover criminal schemes, hold authorities with jurisdictional prerogative liable, as well as recuperate funds deviated from the public coffers.

From September 2019 to March of this year (one year and a half into Augusto Aras’ administration), PGR performed 31 police operations authorized by STF and STJ – an average of two operations per month – aiming to tackle corruption and crimes against the public administration. All of the operations have been based on discretion, and not showing-off. Considering MPF as a whole, in 2020, 14,489 criminal complaints were filed throughout the country.

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