BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

20 Predatory Effects of Corruption on the Market and Civil Society: Some Indicators 1

Rogério Gesta Leal 2

1. Introductory Notes In the present work we intend to tackle the issue of the predatory effects of Corruption in the face of democratic institutions, the Market and Civil Society, especially in view of the interconnections that are established between these public and private spheres of relations. The idea is that we can show that tackling Corruption today is no longer the exclusive task of the public authorities set up, but of the whole Community and of the Market as well, since they suffer violent impacts in terms of functioning and competitiveness, as well as Individual and Social Fundamental Rights of citizens are directly and indirectly affected when there are omissions that feed back the corrupt networks globally and locally. 2. Democracy and Corruption: what are the relationships? The relations between Democracy and Corruption are as diverse as stated by Klitgaard, 3 behold, these categories alone have multiple meanings. Corruption in particular relies on attributions of meanings from those related to moral issues concerning conduct or individuals considered by ordinary everyday moral perceptions as depraved, perverted or even morally degraded, 4 through understandings that relate it to the idea of dishonesty more linked to the improper use of a position of trust occupied for personal benefit. 5 1 This work was done in the post-doctoral training period by the University of A Coruña, Spain, with leave of the Court of the Rio Grande do Sul State. 2 Judge of the Court of Justice of the State of Rio Grande do Sul, holder of the Fourth Criminal Chamber, which judges crimes committed by Mayors and Councilors and Crimes against Public Administration. PhD in Law from UFSC and UBA. Professor of UNISC and FMP. 3 KLITGAARD, R.: What can be done? Fighting Corruption. UNESCO Courier , June 1996. The author has always been concerned with approaching these issues with the consequences of the betrayal of trust placed in people holding management positions. In his words: the purposes of an organization that placed trust in a dishonest agent are defeated by that dishonesty. KLITGAARD, R.: Controlling Corruption . Berkeley : University of California Press, 1988, p. 47. 4 Quite in-depth perspective by NOONAN, J.T. Jr.: Bribes: The Intellectual History of a Moral Idea . Berkeley: University of California Press, 1984. See also UNDERKUFFLER, L. S.: Captured by Evil: The Idea of Corruption in Law . In http://projects.iq.harvard.edu/gov2126/files/underkuffler.pdf, accessed on 02/02/2017. 5 See the excellent text of the Professor of Law and Legal History , from the prestigious Yale University, LANGBEIN, J. H.: Questioning the Trust Law Duty of Loyalty: Sole Interest or Best Interest? In https:// www.law.yale.edu/system/files/documents/pdf/Faculty/Langbein_Questioning_the_Trust.pdf,

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