Análise crítica do instituto da prisão preventiva e a conseqüente impunidade nos crimes de colarinho branco dentro da “Operação Lava Jato”

Abstract

This work analises the impunity on the white-collar crimes and the seletivity on the application of cautelar matters, specially, the preventive prison. The study is made taking as base the case of Lava Jato operation, the greatest case of corruption in the history of Brazil. The white-collar crimes are harmful to society, how big is the diversion of resourses, that generates a direct impact on the citizens vivency. But, the stigmatization of what it's criminal for society makes the white-collar criminals be not seem as a danger to society, because media, control agencies, gives informations that maginalized ones are the great danger for a good vivency of the community. The seletivity of punition causes a process of criminalization of the lower classes. However, in the white-collar crimes, beyond the fact the punishment do not be sufficient to repress the delinquent conduct, the criminals count with the high position and confiance that the occupation provides to them to practice cunning crimes that give them, many times, a millionarie return. The actions practiced are complex, what difficults the criminal investigation, and, by consequence, the condemnation of the responsibles, causing the sensation of impunity in the society. The study of the case of Lava Jato operation revels that a mainly feature of the white-collar criminals is the high occupation they occupate, financially or politically, and the complexity to investigate all the envolved and the resources utilized. The most part of the money used to bribe is hided in another country, and when the criminal is condemned, the punishment does not lasts enough, and frequently, the condemned does not have the freedom restricted. The mode to evitate the impunity is using a the total cooperation of all society scopes, since the exegesis of the laws to the effective compliance, although it is not a easy solution to put in practice. It's necessary a change on the society mentality, even if the corruption is, unfortunally, ingrained on the brazilian culture.