SECTOR SPOTLIGHT: The BRICS: Centre Stage, But for How Long?
The BRICS: Centre Stage, But for How Long? White Collar Crime prosecution and protection of Human Rights
Brazilian justice system suffered a radical paradigm shift in the 1990s, with the reestablishment of its democratic institutions, in a context of greater privatization and globalization. The judiciary has had a key role in implementing fundamental rights recognized by the Brazilian Constitution of 1988 as well as in human rights treaties. Brazilian institutions are more efficient, transparent and bound by the rule of law. However, even though reconstruction of democracy in Brazil has been fundamental for protection of human rights, it is far from sufficient. A police state is latent and essential individual rights such as due process and right of defense have become more flexible in the name of war on drugs, organized and transnational crime, terrorism, money laundering, amongst others. As prosecution of white-collar crimes increased, human rights violations resulting from this form intervention became more frequent, under the pretext of deterring business crimes at any cost. In a context of what has been diagnosed by Ulrich Beck as risk society, criminal policy is being oriented towards prevention and security, leading the State to intervene prior to the commission of an offense. This has led to greater preventive surveillance measures, creation of special competences in criminal procedure, as well as to a significant reduction of due process guarantees. As paradoxical as it may seem, under the legitimizing mantle of democracy and in the name of crime fighting and social defense, unspeakable abuses have been committed, not only by the Federal Police, but also due to decisions taken by Federal Courts, with agreement of the Public Prosecutor’s Office. We have had prison warrants being issued by the bulk, search warrants conducted with no specification, wiretapping as the first – an only – means of investigation. Our Supreme Court has reacted to the abuses committed in the Federal Police investigations
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in order to set rules in courageous defense of human rights, but many courts, as well as congressmen have criticized this position, claiming it would lead to impunity. In this scenario of stricter laws being enacted by congress and of stricter jurisprudence from trial courts, the lawyer’s role in criminal defense has become even more significant. Toron Torihara e Szafir: about us and our practice areas Founded in 1985, TORON, TORIHARA e SZAFIR is one of Brazil’s most renowned and respected criminal defense law firms. Operating harmoniously in all areas of criminal law, our firm offers legal assistance to both individual clients and companies. Since the launch of the Brazilian annual Análise Advocacia 500, in 2006, the firm has appeared though the years as one of Brazil‘s most admired. Our team has ample experience in Financial Crimes, Money Laundering, Tax Evasion, Environmental Crimes, Crimes of Unfair Competition, Crimes concerning Consumer Protection Law, Economic Crimes, Business and Corporate Crimes, Bankruptcy Crimes, International Cooperation in Criminal Matters (Extradition, Rogatory Letters and Requests for Direct Assistance), Defamation, Electoral-related crimes, Crimes subject to jury trial, etc. Our practice encompasses both litigation in criminal procedures (investigation, prosecution and trials) - be it defending the accused, or assisting the prosecution - as well as preparing legal opinions. The firm and its lawyers are strongly committed to public service and pro bono projects and represent many indigent criminal defendants at trial, on appeal and in habeas proceedings in matters ranging from misdemeanors to felony cases. We always keep in mind that those who seek us are thirsty for justice. From the father whose son was arrested, to the chairman of a company that has to deal with its director facing a police
investigation from matters associated with the company, it is our belief that providing the upmost committed professional legal assistance is not only a duty, but a renewed commitment to improve and develop our performance. We also believe that the bond between us and our clients is one of humanistic values. Anyone, who, at a time of hardship, seeks a criminal lawyer is also in need of someone to help overcome the pain and the suffering involved in a criminal proceeding. Alberto Zacharias Toron In 2014, Alberto Zacharias Toron has been ranked as one of the most renowned lawyers in white collar crime practice areas by Chambers and Partners. In the rankings, he was recognized as “one of Brazil’s top experts for criminal law”, “an authority on the matter and is a wellrespected figure in the high courts.” Alberto Zacharias Toron has a Masters Degree and PhD in Criminal Law from University of Sao Paulo (USP) and is a Criminal Law Professor at PUC University, in Sao Paulo. He concluded post graduate studies in Universidade de Coimbra (Portugal) and Sin Universidad de Salamanca (Spain). His is a former President of IBCCRIM (Brazilian Insitute for Criminal Sciences) and former director of the Brazilian Bar Association. He is author of “Heinous Crimes - The myth of the prosecution” (1996); “Criminal immunity of city Representatives “ (2004); and “Professional Prerogatives of Attorneys “ (2006).
Company: Toron Torihara e Szafir Advogados Name: Alberto Zacharias Toron Email: alberto@toronadvogados.com.br Web: www.toronadvogados.com.br Address: Av. Angélica, 688, cj. 1111 Sao Paulo – SP, CEP 01228-000, Brazil Telephone: +55 11 3822 6064