Delitos de corrupção ativa e passiva na jurisprudência do STJ de 2000 a 2021: uma perspectiva translacional para além do discurso

Abstract

Considering the lack of available data and the lack of empirical research in the legal area on corruption, the main objective of this study is to analyze what are the characteristics of real and known cases of active and passive corruption that went through the network of accountability and by the Brazilian Criminal Justice System and how such cases were judged by the STJ in the period that extended from 01/01/2000 to 12/31/2021. The deductive method of approach was applied, starting with corruption as a broad phenomenon, moving to the scope of Criminal Law and through corruption in the broad sense, until arriving at corruption in the strict sense. Within a translational perspective, a quali-quantitative, empirical and exploratory work was carried out, based on bibliographical and documental research and on content analysis. In terms of theoretical foundation, the fundamental conceptual aspects of corruption, its main causes, consequences and forms of control were analyzed. Next, we focused on stricto sensu corruption in the national legal system, the appearance of these crimes, the protected legal interest and its typical structure. Finally, the institutions and dynamics of the accountability network and the Brazilian Criminal Justice System were analyzed, with emphasis on the role of the STJ and the criminal trial process. The corpus of analysis, after depurations, was composed of 2,006 STJ criminal judgments. As research contributions, through quantitative analysis, a robust base was built with data related to the characteristics of the judgments (type of actions/resources; results; quantitative and temporal evolution), of real cases of corruption stricto sensu (complexity and types; distribution space; crimes in competition; results) and of the defendants (gender; occupation; prison situation), and, through the qualitative analysis, the main foundations used by the STJ for decision-making were verified. Lastly, in the light of the findings and in respect of the translational perspective of the research, it is suggested the creation of two products as a way of disseminating the knowledge obtained, paving the way for future research to be able to carry out the translation of innovative knowledge into the whole society.