Corruption and its recovery as a tort

Abstract

This paper aims to present a broad scenario of how corruption events can be punished not only in criminal but also in civil field. In this analysis, it will be initially presented the rules that represent the current state of the art, in order to obtain a broad overview of how to handle them and which institutes are applicable to them. Special attention is focused on the issue of non pecuniary losses, considered fundamental to give effectiveness to the fight against corruption through Civil Liability. Also, it will be carried out a study of a recent but already famous precedent, Cir. v. Fininvest, given that it can be considered the leading case of greater expression on the subject. Finally, an assessment is made of the issue in Brazil, especially from an analysis of the precedents of the Superior Court of Justice (STJ).