WHISTLEBLOWING AS A MEANS OF OBTAINING EVIDENCEA IN BRAZILIAN CRIMINAL PROCEDURE LAW

• Main Authors: Maria Auxiliadora Minahim, Luíza Moura Costa Spínola
• Format: Article
• Language: English
• Published: Universidade do Estado do Rio de Janeiro 2020-04-01
• Series: Revista Eletrônica de Direito Processual
• Subjects: criminal procedure; economic criminal law; reporting channel; compliance; whistleblowing
• Online Access: https://www.e-publicacoes.uerj.br/index.php/redp/article/view/45416/31775

Whistleblowing is considered an essential mechanism to ensure the success of a compliance program, being used quite frequently in the United States and Spain and recommended by entities such as Transparency International. It is questioned how evidence obtained through information from anonymous reports can be used in favor of the defendant in the investigation of economic crimes. It is concluded that, although Brazilian law has not yet regulated the whistleblowing, this mechanism is considered a mean of obtaining evidence that can be admitted in conducting of legal proceedings in cases of economic crimes.