著者

神代 貢志

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.40, no.3, pp.184-167, 2017-01

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The biggest issue today in Brazil is the investigation into the huge corruption case called "Operation Jet Wash." During the process of investigation, numerous executives and politicians, including the former president, have been arrested. The main source of evidence to prove the suspects' guilt comes from the bargaining system in Brazil called "colaboração premiada"or "delação premiada." Today, "Operation Jet Wash" and the Brazilian bargaining system are not only a domestic issue for the criminal justice system, but also one of the biggest international issues affecting the economy. The arrest and testimony of the ex-director of the national oil company "Petrobras" has led to accusations against numerous executives and politicians. As a result, the domestic administration of Brazil became unstable and the economy fell into recession. It is therefore important to research the bargaining system that caused such a huge issue. In this article, we focus on the relationship between the bargaining system and organized crime in Brazil. Is the bargaining system in accord with the principles of Brazilian criminal justice system? Two topics in particular are highlighted: the adversary system in Brazil and the legal enforceability of criminal persecution. There are two main schools of thought with regard to the Brazilian bargaining system, those who agree and those who disagree with the operation of the system. Finally, I give my opinion from the view of comparative law.

著者

神代 貢志

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.39, no.2, pp.156-126, 2015-10

著者

神代 貢志

出版者

広島大学法学会

雑誌

広島法学 (ISSN:03865010)

巻号頁・発行日

vol.40, no.1, pp.214-185, 2016-06

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Brazil is one of the friendliest countries to Japan. However, only few attempts have been made so far for the Brazilian criminal system in Japan.The biggest issue today in Brazil is huge corruption and investigation for the case named "Operation Jet Wash". On the process of investigation, quite a lot of executives and politicians including ex-president have been arrested. Main measure to gather evidences for proving their crime is the bargaining system in Brazil called "colaboração premiada"or "delação premiada". In these days, "Operation Jet Wash" and bargaining system in Brazil are not only domestic issue of criminal justice system, but also one of the biggest international issue in the view of economy. The arresting of the ex-director of the National oil company "Petrobras" and the delation made by the ex-director of the campany has led to the accusation against numerous executives and politicians. As a result, domestic administration of Brazil became unstable and economy fell in recession. It is therefore significant to research bargaining system that caused such a huge issue.Recently, the development of transference system has accompanied increase in the difficulty of arresting organized crimes. Bargaining system has been considered an efficient measure against such kind of crime. In particular, Brazil is a country in which professional criminals exist. Necessity of measures against them is quite high. Although, problems during the bargaining system is still controversy in Brazil.The purpose of this article is to survey the domestic legislation, accord, and discuss the bargaining system in Brazil.