A corrupção passiva no brasil: os desafios na comprovação da autoria e materialidade

Abstract

Passive corruption, as provided for in Article 317 of the Brazilian Penal Code, undermines public ethics and trust in Brazilian institutions. This study analyzes the challenges in investigating this crime, focusing on the evidentiary difficulties arising from its confidential nature, lack of records, and the role of intermediaries. The methodology adopted was a review of the literature and case law, with emphasis on decisions by the STF and STJ on the admissibility of indirect evidence and plea bargain agreements. The results indicate that effective accountability requires the use of modern investigative techniques, such as forensic financial analysis and authorized wiretaps. Cases such as the Lava Jato, Zelotes, and Check Mate operations demonstrate the obstacles faced and the advances in case law in the fight against corruption. It is concluded that combating passive corruption requires improving investigation methods, strengthening oversight bodies, and international cooperation. It is essential to guarantee the legality of evidence and respect for fundamental rights, ensuring a balance between criminal repression and legal certainty.