A Comparison of Brazil and the United States: Prosecutors' Toolkits in the Anticorruption Context

International Law Quarterly

Fall 2017 | Vol. XXXIII, No. 3

In this article, Gregory Bates and Leah Moushey, with co-author Filipe Magliarelli of KLA-Koury Lopes Advogados, discuss the evolution of the prosecutorial approach in anticorruption cases in Brazil, including the different enforcement approaches in the United States and Brazil, the use of settlements in Operation Car Wash and their practical impact, and remaining uncertainties for companies and individuals in Brazil's anticorruption environment. "Despite the fact that the Brazil criminal system creates an obligation to prosecute, throughout the course of Operation Car Wash—the largest corruption probe in Brazil’s history— Brazilian authorities have demonstrated that their discretion as to how they prosecute is not dissimilar to the broad discretion offered to U.S. prosecutors," the authors wrote.