O whistleblowing como instrumento de combate à corrupção: uma análise à luz dos princípios do regime democrático

Abstract

The following essay has the goal of demostrating how whistleblowing functions as an instrument to combat corruption in the light of the principles of Democracy, especially considering the importance of popular participation in State’s political issues. For this purpose, the concept and modus operandi of whistleblowing will be analysed, with an approach to american, british and french whistleblowing laws. Likewise, similar Brazilian legal mechanisms will be analysed, such as awarded collaboration and popular lawsuit. In addition, it will be fundamental to contextualize popular participation in State’s democracy, employing democratic literature as groundwork. Furthermore, it will be given a special approach to right to development, since corruption is a kind of violation of this right, whose promotion in a broad range is a positive consequence of democracy. Moreover, the essay will briefly introduce the bill n. 4.850/2016, based on a Brazil’s Federal Public Prosecutor’s Office’s project named « Ten Measures Against Corruption », which features traces of whistleblowing. Therefore, the present research is important inasmuch as it points out an instrument of combat against corruption in the light of democracy, given it is still a little-known mechanism in Brazil that could be introduced in its legal system, since whistleblowing is indeed an instrument that attends democratic process requirements, considering factors such as popular participation and right to development.