Corrupção e impunidade: uma análise de sua relação sob a ótica da teoria econômica do crime e da economia comportamental

• Ano de defesa: 2024
• Autor(a) principal: Ranquetat, Petter Fischer
• Orientador(a): Lima, Edilson Vitorelli Diniz
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Católica de Brasília
• Programa de Pós-Graduação: Programa Stricto Sensu em Direito
• Departamento: Escola de Humanidades, Negócios e Direito
• País: Brasil
• Palavras-chave em Português: Corrupção; Impunidade; Teoria econômica do crime; Economia comportamental; Impunity
• Palavras-chave em Inglês: Economic theory of crime; Behavioral economics; Corruption
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://bdtd.ucb.br:8443/jspui/handle/tede/3609

This dissertation set out to examine a possible relationship between corruption and impunity, based on studies produced by the Economic Theory of Crime and Behavioral Economics. In this sense, the analysis sought to find an answer to the following research problem: can impunity be considered a stimulus to the corrupt behavior of criminal agents, and, consequently, have an impact on the proliferation of corruption? Thus, the research was structured in three parts, the first of which was aimed at understanding the phenomena of corruption and impunity, and the others at examining the relationship between them. That said, initially, general aspects related to corruption were dealt with, reviewing its concepts, its main causes, national specificities about the phenomenon, as well as a historical and current portrait. Subsequently, general aspects related to impunity were addressed, at which point some of the existing notions were explained, as well as a current overview of the phenomenon, which also included a presentation of the issue of the hidden (obscure) crime figure and the filters of impunity, not to mention the high levels of impunity that exist in Brazil with regard to corrupt practices. Secondly, the research sought to establish the relationship between corruption and impunity from the perspective of the Economic Theory of Crime, when the origins, foundations and rational decision-making process of the criminal agent were exposed. Numerous investigations into corrupt practices were then examined, and some theoretical contributions from institutionalism were also highlighted, which made it possible to highlight the importance of the punitive and dissuasive aspect in the individual decision-making process for possible corrupt practices. Finally, in a third section, the study turned to exploring the possibility of a relationship between corruption and impunity in the light of Behavioral Economics, in which the crisis experienced by the paradigm of absolute rationality, the advent of the idea of bounded rationality, as well as the origins, foundations and relevance of behavioral sciences today were shown. Next, we will explain how the agent's decision-making process takes place from this perspective, then we will discuss various studies on corrupt practices, at which point various studies on dishonesty and cheating were presented, and finally we will highlight the persistent influence, albeit indirect, of the punitive and dissuasive aspect on the agent's decision-making process. Therefore, in the light of the Economic Theory of Crime and Behavioral Economics, the research concluded that impunity could be considered a stimulus to corrupt behavior and, consequently, have an impact on the proliferation of corruption, making the idea that the high levels of corruption in Brazil could therefore be related to the relevant rates of impunity found in our country absolutely acceptable.