The Inference for the Best Explanation and the Crime of Cartel in the Context of the Car Wash Operation
This paper aims to expose the reader to the need to adopt the inference for the best explanation as a theoretical framework for proving the crime of a cartel, in view of its evidential complexity. For this, initially, some considerations were made about what “evidence” is, in order to justify the choice of inference for the best explanation as the most appropriate instrument for the evidential analysis in complex crimes, as in the case of cartel. To corroborate this choice, the leniency agreements signed between the Administrative Council for Economic Defense (CADE) and some contractors investigated in the so-called Lava Jato operation were used as the empirical basis for this article. The documents analyzed are restricted to the public version of the conduct histories published on CADE's website by its Social Communication Department. Therefore, the analysis discussed herein presupposes that the reader has minimal theoretical knowledge about CADE's performance and leniency agreements. Thus, the aim is to assess the possibility of using leniency agreements and their respective conduct histories in criminal proceedings and procedures that involve the criminal prosecution of cartels
Year of publication: |
[2022]
|
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Authors: | Piratelli, João Paulo |
Publisher: |
[S.l.] : SSRN |
Subject: | Kartell | Cartel | Kriminalität | Crime | Großbritannien | United Kingdom | EU-Staaten | EU countries | Kraftfahrzeug | Motor vehicle |
Saved in:
freely available
Extent: | 1 Online-Ressource (21 p) |
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Type of publication: | Book / Working Paper |
Language: | English |
Notes: | Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments JULY 12, 2021 erstellt |
Other identifiers: | 10.2139/ssrn.3948870 [DOI] |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10013314053
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