Passive Corruption
   HOME
*





Passive Corruption
Passive corruption, in Brazilian criminal law, is one of the crimes committed by public officials against the general administration. Corruption can be of two types: * Active, referring to the briber; or * Passive, referring to the corrupted public official. Some legislations define both behaviors as the same crime. In the case of the crime of corruption, Brazilian legislation adopted, exceptionally, the pluralistic theory, as it chose to define two different crimes: active corruption, in Article 333 of the Penal Code, and passive corruption, in Article 317. Definition The Penal Code, in Article 317, defines the crime of passive corruption as "soliciting or receiving, for oneself or for others, directly or indirectly, even if outside the function or before assuming it, an undue advantage, or accepting a promise of such an advantage." The crime known as passive corruption is practiced against public administration in general. Its provision is found in Article 317 of the Brazil ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Brazilian Criminal Law
Brazilian commonly refers to: * Something of, from or relating to Brazil * Brazilian Portuguese, the dialect of the Portuguese language used mostly in Brazil * Brazilians, the people (citizens) of Brazil, or of Brazilian descent Brazilian may also refer to: Sports * Brazilian football, see football in Brazil * Brazilian jiu-jitsu, a martial art and combat sport system *''The Brazilians'', a nickname for South African football association club Mamelodi Sundowns F.C. due to their soccer kits which resembles that of the Brazilian national team Other uses * Brazilian waxing, a style of Bikini waxing * Brazilian culture, describing the Culture of Brazil * "The Brazilian", a 1986 instrumental by Genesis * Brazilian barbecue, known as churrasco * Brazilian cuisine See also * ''Brasileiro ''Brasileiro'' is a 1992 album by Sérgio Mendes and other artists including Carlinhos Brown which won the 1993 Grammy Award for Best World Music Album. Track listing # "Fanfarra" (Carlinhos Brown) ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Administration (government)
The term administration, as used in the context of government, differs according to the jurisdiction under which it operates. In general terms, administration can be described as a decision making body. United States In American usage, the term generally refers to the executive branch under a specific president (or governor, mayor, or other local executive); or the term of a particular executive; for example: "President Y's administration" or "Secretary of Defense X during President Y's administration." It can also mean an executive branch agency headed by an administrator, as the National Aeronautics and Space Administration (NASA), Small Business Administration or the National Archives and Records Administration. The term "administration" has been used to denote the executive branch in presidential systems of government. Europe The term's usage in Europe varies by country, but most typically the word "administration" refers to managerial functions in general, which may ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Active Corruption
Active corruption consists of the act of offering (this offering can be done in various ways) an advantage, any kind of benefit, or satisfaction of will that may affect the morality of Public Administration. It is only characterized when the advantage is offered to a public official. If there is a request (passive corruption) or imposition (extortion) by the official for the offered advantage, the act of yielding to this request or pressure through payment does not constitute active corruption, since the penal code only includes the verb "offer". There is no negligent form for active corruption; it requires the intent of the individual to corrupt the public agent. ''Qualified form'' - due to the offering, the official actually delays or omits an official act, or performs an act in violation of their duty. Note that if there is effective action, but not an official act, the assigned type will be in the main provision and not in the qualified form. Active corruption, committed by ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  




Brazilian Penal Code
The current Penal Code of Brazil ( pt, Código Penal brasileiro) was promulgated in 1940, during the Estado Novo regime in the Vargas Era, and is in effect since January 1, 1942. It is the third codification of criminal law in the country's history, succeeding those of 1830 and 1890. One notable feature of the document is the inclusion of libel as a crime. History Previous penal codes The first penal law in independent Brazil was the imperial Criminal Code of 1830, issued on December 16, 1830 and approved by Emperor Pedro I. The General Assembly of the Empire determined that any offense or voluntary omission to the Code was to be considered a crime. The Criminal Code of 1830 was in force during the Empire. After the Proclamation of the Republic in 1889, a new penal code was created on October 11, 1890, followed by a new constitution in 1891. This penal code was in effect during the First Republic and most of the Vargas Era. Current penal code In 1934, a new constitution was ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Penal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might be imposed for these offences, and some general provisions (such as definitions and prohibitions on retroactive prosecution). Criminal codes are relatively common in civil law jurisdictions, which tend to build legal systems around codes and principles which are relatively abstract and apply them on a case-by-case basis. Conversely they are not as common in common law jurisdictions. The proposed introduction of a criminal code in England and Wales was a significant project of the Law Commission from 1968 to 2008. Due to the strong tradition of legal precedent in the jurisdiction and consequently the large number of binding legal judgements and ambiguous 'common law offences', as well as the often inconsistent nature of English law, t ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Public Official
An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their superior and/or employer, public or legally private). An elected official is a person who is an official by virtue of an election. Officials may also be appointed ''ex officio'' (by virtue of another office, often in a specified capacity, such as presiding, advisory, secretary). Some official positions may be inherited. A person who currently holds an office is referred to as an incumbent. Something "official" refers to something endowed with governmental or other authoritative recognition or mandate, as in official language, official gazette, or official scorer. Etymology The word ''official'' as a noun has been recorded since the Middle English period, first seen in 1314. It comes from the Old French ''official'' (12th century), from the ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Public Administration
Public Administration (a form of governance) or Public Policy and Administration (an academic discipline) is the implementation of public policy, administration of government establishment (public governance), management of non-profit establishment ( nonprofit governance), and also a subfield of political science taught in public policy schools that studies this implementation and prepares civil servants, especially those in administrative positions for working in the public sector, voluntary sector, some industries in the private sector dealing with government relations and regulatory affairs, and those working as think tank researchers. As a "field of inquiry with a diverse scope" whose fundamental goal is to "advance management and policies so that government can function." Some of the various definitions which have been offered for the term are: "the management of public programs"; the "translation of politics into the reality that citizens see every day";Kettl, Donald a ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Corruption
Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption may involve many activities which include bribery, influence peddling and the embezzlement and it may also involve practices which are legal in many countries. Political corruption occurs when an office-holder or other governmental employee acts with an official capacity for personal gain. Corruption is most common in Kleptocracy, kleptocracies, oligarchy, oligarchies, narco-states, and mafia states. Corruption and crime are endemic sociological occurrences which appear with regular frequency in virtually all countries on a global scale in varying degrees and proportions. Each individual nation allocates domestic resources for the control and regulation of corruption and the deterrence of crime. Strategies which are undertaken in order to c ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Official
An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their superior and/or employer, public or legally private). An elected official is a person who is an official by virtue of an election. Officials may also be appointed '' ex officio'' (by virtue of another office, often in a specified capacity, such as presiding, advisory, secretary). Some official positions may be inherited. A person who currently holds an office is referred to as an incumbent. Something "official" refers to something endowed with governmental or other authoritative recognition or mandate, as in official language, official gazette, or official scorer. Etymology The word ''official'' as a noun has been recorded since the Middle English period, first seen in 1314. It comes from the Old French ''official'' (12th century), from t ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Imprisonment
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessarily imply a place of confinement, with bolts and bars, but may be exercised by any use or display of force (such as placing one in handcuffs), lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply an actual confinement in a jail or prison employed for the purpose according to the provisions of the law. Sometimes incarceration of women, gender imbalances occur in imprisonment rates, with incarceration of males proportionately more likely than incarceration of females. History Africa Before colonisation, imprisonment was used in sub-Saharan Africa f ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Fine (penalty)
A fine or mulct (the latter synonym typically used in civil law) is a penalty of money that a court of law or other authority decides has to be paid as punishment for a crime or other offense. The amount of a fine can be determined case by case, but it is often announced in advance. The most usual use of the term is for financial punishments for the commission of crimes, especially minor crimes, or as the settlement of a claim. One common example of a fine is money paid for violations of traffic laws. Currently in English common law, relatively small fines are used either in place of or alongside community service orders for low-level criminal offences. Larger fines are also given independently or alongside shorter prison sentences when the judge or magistrate considers a considerable amount of retribution is necessary, but there is unlikely to be significant danger to the public. For instance, fraud is often punished by very large fines since fraudsters are typically ban ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Duty
A duty (from "due" meaning "that which is owing"; fro, deu, did, past participle of ''devoir''; la, debere, debitum, whence "debt") is a commitment or expectation to perform some action in general or if certain circumstances arise. A duty may arise from a system of ethics or morality, especially in an honor culture. Many duties are created by law, sometimes including a codified punishment or Legal liability, liability for non-performance. Performing one's duty may require some sacrifice of Self, self-interest. Cicero, an early Roman philosopher who discusses duty in his work “On Duty", suggests that duties can come from four different sources: # as a result of being a human # as a result of one's particular place in life (one's family, one's country, one's job) # as a result of one's character # as a result of one's own moral expectations for oneself The specific duties imposed by law or culture vary considerably, depending on jurisdiction, religion, and social normalities. ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]