Ricardo Tosto

The war and battle of markets is a determining factor for the fight against corruption in Brazil and in the world. To better understand this premise, just look at the United States’ FCPA, a law created in the 1970s that aims to prohibit companies working in the country from corrupting employees to gain any kind of advantage, say lawyers Ricardo Tosto and Jorge Nemr, partners Of Milk, Tosto and Barros.


However, shortly after its creation, it became clear that US companies would have a major disadvantage in the dispute with companies in countries where “kickbacks” were part of the business, especially in areas such as defense and infrastructure. To overcome this obstacle, the United States decided to press other countries to adopt similar legislation, which also condemned such practices of corruption.


Despite this fact since the 70’s, it was from 2008, with the imminence of the world economic crisis that affected several countries, that this American pressure intensified. According to data from the US Department of Justice, between 2007 and 2011 more penalties and sanctions were applied in the FCPA than in the previous thirty years, according to Ricardo Tosto.


In addition, the United States also makes access to the International Monetary Fund and the World Bank difficult for countries that are not committed to create an unfavorable scenario for corruption, which contributes to their fight in Latin American and African countries, for example.


Another strong indication of the influence that the dispute of markets has in the fight against corruption is the most recent case of the investigations in FIFA, emphasize Ricardo Tosto and Jorge Nemr. In the year 2013, sports activities were responsible for moving about $ 80 billion, and more than 40% of that amount belongs only to football, which has been established for decades as the most profitable sport on the planet.


Noting that more than $ 36 billion a year remained controlled by a single, allegedly corrupt, foreign organization, FIFA and the United States once again used their anti-corruption laws to weaken the process and hence allow a fairer dispute in that market So profitable.

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