Novas e velhas leituras sobre a corrupção: o caso da “rachadinha”

Abstract

The matter concerning what is known as “rachadinha” in Brazil has increasingly occupied the attention of public opinion and the courts. Nevertheless, the legal opinion still diverge as to the response to be offered to this kind of practice. The present article investigates the tendency of punishing “rachadinha” agreements under the crimes of articles 317 and 333 of the brazilian Penal Code. The analysis was guided by a broader reflection on the current political-criminal trends on corruption. Taking as a parameter the international discussions on the subject, especially in German legal theory, the article concludes against the understanding of rachadinha agreements as a corruption offense.