Made available in DSpace on 2017-07-10T19:07:33Z (GMT). No. of bitstreams: 1 DISSERT VANESSA ZOREK DANIEL2.pdf: 2075938 bytes, checksum: 4eca8228cad20dcae4d9e668a4f9b59e (MD5) Previous issue date: 2016-03-25 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / In light of the new characteristics presented by the Brazilian democratic scenario caused mainly due to critical demonstrations towards the federal government, this thesis aims at reflecting on the nature of the democracy present on Brazilian streets. Therefore, we seek support in the liberal democratic theory in order to guide us as to the characteristics and the limits that this model offers to the contemporary democracy. Besides, we focus on the national political context that precedes the demonstrations occurred between October 2014 and March 2015 so as to understand in which extent the current demonstrations, focused on anti-corruption and antipetismo, were influenced by previous events such as the corruption scandals concerning the Workers Party (PT). For this reason, this research is characterized as an exploratory work that analyzes the factors that contributed or led the individuals to identify themselves as a group and to participate actively in the demonstration. We noticed that the questions raised can be associated to the corruption scandals and to the lack of benefits received by the traditional middle class during the time PT governed the country, not to mention the ideological setting. The demonstrations had their goals at exposing the corruption reports related to the Workers Party, diminishing the attention about corruption involving either other political parties or other instances of power. Furthermore, observed that there were no deep discussions and propositions made by the people who led those public acts; and also, the active citizenship expressed by these citizens is limited to the act of emphasizing their frustration and to demand the impeachment of the current president. / Em decorrência das novas características apresentadas pelo cenário democrático brasileiro, provocado principalmente pela presença de manifestações críticas ao governo federal, tivemos como principal objetivo neste trabalho desenvolver uma reflexão sobre que tipo de democracia se faz presente nas ruas brasileiras. Para tanto, buscamos apoio na teoria democrática liberal, no sentido de orientar sobre as características e os limites que esse modelo oferece à democracia contemporânea. Além disso, nos voltamos ao contexto político nacional que precede as manifestações ocorridas entre outubro de 2014 e março de 2015, com o objetivo de compreender em que medida o contexto prévio do Partido dos Trabalhadores e o seu envolvimento em escândalos de corrupção influenciam nas manifestações atuais, pautadas na anticorrupção e no antipetismo. Este trabalho é de caráter explicativo e busca analisar e interpretar os fatores que contribuíram ou induziram os sujeitos a se identificarem entre si e a participarem ativamente na formação das manifestações, questões que podem estar associadas aos escândalos de corrupção e à falta de benefícios ou ganhos concedidos à classe média tradicional na gestão petista, como também à determinação ideológica. As manifestações se mostram com o foco voltado às denúncias de corrupção feitas em relação ao Partido dos Trabalhadores, diminuindo a atenção sobre a corrupção cometida por outros partidos ou outras instâncias de poder. Além disso, não existe aprofundamento de discussão e propostas por parte de sujeitos que conduzem as ações públicas; a cidadania ativa expressa por esses cidadãos fica restrita ao ato de evidenciar a sua frustração e pedir a saída da atual presidenta da República.

Magister Legum - LLM / The aim of this research paper is to examine the legal framework for the recovery of corruptly-acquired assets, with particular emphasis on the Nigerian situation. Its primary focus is a detailed examination of the legal mechanisms for the recovery of such assets in the context of international asset recovery. Despite the success of the Nigerian government in recovering the Abacha loot,8 siphoning off of public funds by public office holders continues, and charges of fraud persist against top bank executives alleged to have converted depositors’ funds fraudulently. The prevailing criminal or conviction-based forfeiture mechanism in Nigeria appears inadequate to deal effectively with these situations. The need to enhance capacity through the adoption of civil or non-conviction based forfeiture laws therefore becomes imperative. / South Africa

Magister Legum - LLM

Magister Legum - LLM / The legacy of apartheid may be likened to a Hydra. This mythical beast was rumoured to be large in stature, with poisonous breath. However, the trait it was better known for was that it possessed many heads and for every one head that was cut off, two would grow in its place. The elimination of the apartheid system effectively cut off the head of this hydra, severely wounding the beast but giving birth to various other terrors. Public sector corruption is one of those terrors. As an individual who was too young to be a part of the battle against apartheid, I have recognised that there is still a battle that needs to be won. As corruption continually thwarts the efforts of those who died for the liberation of South Africa and hinders the upliftment and development of the State, it becomes necessary to combat this scourge. However, before going into battle one must first understand the battle arena. Thus, the purpose of this dissertation is to gain understanding as to how the South African Government has attempted to combat corruption by means of policy and legislation. The information gained during this process may be used to identify areas of weakness, which may be considered in restrategising anti-corruption efforts. This battle against corruption needs to include all South Africans as public sector corruption has a negative impact on all who find themselves within our boarders. Thus, we cannot call ourselves truly liberated before this enemy of good governance is defeated.

Magister Legum - LLM

Magister Legum - LLM / Zimbabwe is regarded as one of the most corrupt countries on the African continent. The absence of an assets declaration regime in Zimbabwe has made it difficult to hold accountable public officers implicated in corruption and found in possession of unexplained assets. Corruption by public officers is hard to detect and prove, especially when there are no measures to ensure official acknowledgement of their assets. This paper confronts an important gap in the anti-corruption laws of Zimbabwe. It examines the importance of assets declarations as a tool to fight corruption by public officers in Zimbabwe. In doing so, it will deal also with the main elements of an assets declaration regime for Zimbabwe. Finally, the research provides recommendations on how Zimbabwe can establish an effective assets declaration system to ensure transparency, accountability and openness in the public sector. / German Academic Exchange Service (DAAD)

This thesis is focusing on corruption and misuse of financial funds from European Union. It primarily analyses Regional Operation Programme North-West (ROP Severozápad), which ended with massive corruption affair. The affair lead to the suspension of payments from the European Union, change of assignment of projects in the next programme period, but also opened the question of current trends in corruption in the Czech Republic. The main aim of the thesis was to identify the most dangerous spots that lead to misuse of European funds, connect the corruption affair with current corruption trends in the Czech Republic and suggest basic activities that could prevent the misuse of European subsidies in the future. The aim was achieved via analysis of the operation programme, that ran through the years 2007-2013. It was discovered, that the system was purpose-built so that the local politicians could manipulate with the order of winning projects and thus unfairly distribute the financial funds from the European Union.

In this thesis, I suggest a new anti-corruption measure. The measure makes corruption unfeasible by making the interests of the culprits incompatible. This is achieved by giving immunity to the culprit who reports the corruption. Said culprit is allowed to retain any benefits he has already obtained and is given a reward for making the report. The purpose of the measure is to discourage the parties from corruption ex ante. The paper presents an argument that no immunization and reward take place, because the culprits are rendered unable to find mutually profitable corruption deals. The effect of various assumptions about the corruption is then discussed.

"In Africa, the struggle for human rights shares a great deal of common ground with the struggle against corruption. In fighting to improve the lot of a majority of the world's population, one must recognise that the fight for social and economic rights is often intimately linked to the fight against the monopolisation of resources by 'networks of patronage'. Corruption perpetuates discrimination, prevents the full realisation of economic, social and cultural rights, and leads to the infringement of several civil and political rights. In a move that acknowledged the fact that corruption is a pervasive problem in Africa, the African Union (AU) adopted the African Union Convention on Preventing and Combating Corruption (AU Convention or Convention) in July 2003. This Convention is yet to enter into force. Likewise, in Nigeria and South Africa, the governments are on renewed campaigns against corruption using anti-corruption legislative and institutional frameworks. These anti-corruption legislation mainly address corruption by criminaliszing it. This is mainly because the phenomenon of corruption is being approached from an economic or pollitical viewpoint. No doubt criminal anti-corruption legislation and institutions are necessary, but this dissertation seeks to evaluate them in terms of their relative or possible successes and challlenges, especially in cases of widespread societal corruption. The premise of this disseration is that from a preliminary assessment, it would seem that the law is losing ground in the battle against corruption. It thus posits that the effectiveness of the law in the fight against corruption will continue to diminish if it fails to addres the social and economic factors that cause the initial problematic behaviour. Presently, the law concentrates on merely proscribing and punishing corruption. It is not being used to address the social and economic conditions that perpetuate corruption, hence, its ineffectiveness especially in cases where the incidence of corruption is so high as to be classified as systemic. In these situations, mere legislative and institutional responses may not suffice as anti-corruption measures. The underlying catalysts for such a hihg degree of corruption - the social and economic injustices resulting in a cyclical reproduction of corruption - are usually not addressed by these responses. In addition, these responses tend to underrate the need to empower those who are at the receiving end of corruption. They thereby concentrate solely on the empowerment of institutional machineries in the fight against corruption. This is the premise upon which this dissertation is built: the need to transcend the tratidional responses to corruption in a manner which hopes that by empowering people using a human rights approach, the underlying causes of systemic corruption may be reduced. Then, perhaps, the society would have discovered a veritable anti-corruption tool. ... This dissertation consists of five chapters. Chapter one provides the general introduction into the study. Chapter two then analyses the phenomenon of corruption and its impact on human rights in Africa. This analysis focuses on case studies and situations in Africa. Chapter three follows with an appraisal of the AU Convention and anti-corruption initiatives in Nigeria and South Africa. This appraisal begins with highlights of the normative framework of the Convention and goes on to assess the impact of such frameworks in the two countries under focus where they are already largely being implemented. Chapter four thereafter introduces a two-pronged human rights approach to combating corruption. This approach consists of a reinforcement of the guarantee of human rights, as well as the proposal for a freedom from corruption as human right. Chapter five consists of conclusion and recommendations." -- Introduction. / Prepared under the supervision of Dr. Angelo Matusse at the Faculdade de Direito, Universidade Eduardo Mondlane, Maputo, Mocambique / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"Good governance entails accountability, transparency, enhanced public participation in decision making, strengthened public sector and civil society institutions and greater adherence to the rule of law. Corruption results in grave violations of socio-economic rights, condemns people to extreme levels of poverty and often leads to social unrest. Curbing corruption is therefore critical to the achievement of good governance and the rule of law in many countries such as Kenya. Although most legal systems in Africa prohibit corruption, the practice is significantly different, as is exhibited in this disseration. ... Chapter one introduces and sketches the questions that have prompted this study. Chapter two identifies the legal and institutional framework to curb corruption in Kenya. It also investigates the obligations of the state on anti-corruption in Kenya. The study attempts to outline and discuss the different actions that the government of Kenya has taken to contain corrupt practices in the public service and in society generally. Chapter three is an analysis of the impact of corruption on governance in Kenya. It discusses the extent [to] which corruption has permeated in the public service and its effect on public accountability and transparency. The study also assesses the effectiveness of the different anti-corruption measures set up to combat corruption in Kenya as compared to other African countries. Chapter four evaluates the effectiveness of the use of the rule of law to combat corruption in Kenya. It analyses the anti-corruption legal and institutional framework in comparison with other African countries to determine the factors that have lent effectiveness to anti-corruption efforts, as well as countermeasures that have hindered the ability of such efforts. Chapter five proffers the conclusion and recommendations." -- Introduction. / Prepared under the supervision of Dr. Atangcho N. Akonumbo at the Faculte de Sciences Sociales et de Gestion, Universite Catholique d'Afrique Centrale, Yaounde, Cameroon / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM