Dados is one of the most widely-read social sciences journals in Latin America. Created in 1966, it publishes innovative works, originating from academic research, by Brazilian and foreign authors. Edited by IESP-UERJ, it aims to reconcile scientific rigor and academic excellence with an emphasis on public debate based on the analysis of substantive issues of society and politics.
Dados vol. 64 n. 3 Rio de Janeiro 2021-05-17 2021
Abstract
This article introduces the Brazilian experience of fighting corruption through specialized courts, presenting their creation, main characteristics, and convergences and divergences in comparison with the well-known case of the specialized court of Indonesia. The study proposes an analytical model of the specialized anti-corruption courts’ institutional design. It adopts a qualitative approach using content analysis based on reports issued by multilateral agencies, legislative and judicial documents, and interviews. While in Brazil, specialized courts receive great notoriety and resources, in Indonesia, courts are neglected in terms of financial and human resources, recruitment, supervision, and support. Different from Indonesia, the process of creating specialized courts was endogenous in Brazil, controlled and conducted by members of the judiciary in courts and lobbying other government branches. The internal movement around the policies to address corruption and the direct connection between judges and international organizations led to the executive’s support and legislation change in Congress.
Keywords: specialized courts; anti-corruption; judicial policy
DOI: .1590/dados.2021.64.3.240
An analytical model of the specialized anti-corruption courts’ institutional design in the Global South: Brazil and Indonesia in comparative perspective
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