Bruno Fagali Talks About Corruption Perception Research

Bruno Fagali and his colleague, Lucas Pedrosco recently took a look at how the corruption perception index is determined. More specifically, they looked at the research and methodology used to arrive at country’s corruption perception index in government and business.

The first thing to take note of right off the bat is that the corruption perceptions index is just that. It is only the perception of corruption says Mr. Fagali. The index is not a measure of the actual corruption that occurs in a country’s public sector or private sector. It is only a measure of how corrupt people perceive their government officials and businessmen to be.

The methodology used to arrive at the corruption perception index varies from country to country according to Bruno Fagali. Some countries have research on the level of perceived corruption done by 9 or 10 different organizations. These organizations can include journal or magazine publications, academic institutions such as universities and surveyors.

Bruno points out that each organization has their own method of arriving at the level of perceived corruption in a country. These means that there is no commonality in how the results were obtained. Thus, it can be said that the results are not as comparable to each other based on the different methodologies or research used by the various organizations. The Brazilian attorney also pointed out that each country studied must have had at least three different institutions conduct research on the level of perceived corruption. Most nations had much more than that number, however.

Another critical subject to note is that the level of perception can often be out of sync with the actual level of corruption. In Brazil, for example, the level of perceived corruption has risen substantially. This does not mean that corruption is getting worse. Instead, the high profile corruption cases in Operation Car Wash is bringing to light a lot of past corruption.

The public is now witnessing many media reports and lawsuits involving public officials. This probably explains why there is a higher perceived level of corruption in Brazil right now than before. Corruption is probably lower in Brazil right now, but the perception is higher due to lots of media reports on corruption right now.

Bruno Fagali is a Brazilian attorney who specializes in compliance, ethics, and regulations in both the public and private sphere. He recently created his own law firm. His alma mater is the Pontifical Catholic University Of São Paulo, where he studied general law as well as administrative law.

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Ending Legal Entities Under Brazilian Law

Most people are familiar with the process of incorporating a new business, but at times, corporations cease to exist for the good of society. Under Brazilian law, there are several mechanisms that result in a legal entity ceasing to exist.

The first way that a legal entity can meet its end under Brazilian law is the obvious one. Legally, this is the conventional form of terminating a legal entity, and it simply means that the shareholders, partners, or co-owners have decided to end their partnership as provided by their corporate charter or as otherwise directed by law.

There is a second means to terminate the existence of a legal entity. Legal termination refers to a type of judicial dissolution whereby the corporate charter is rescinded or its social function has been exhausted. Legal dissolution takes place according to set provisions of the law, such as bankruptcy.

The last type is a court-ordered dissolution, which is a mix of the two previous types. This normally occurs when corporations deviate from the ends for which they were formed. There is also a legal distinction between dissolution and liquidation. In some cases, an entity’s assets will need to be liquidated before the dissolution is complete.

Ricardo Tosto is a preeminent member of the Sao Paulo Bar. After earning his LLB degree from one of the most prestigious law schools in the city, Ricardo Tosto developed his legal skills working for a large utility and serving as director of a private pension foundation.

In addition to being one of Sao Paulo’s most famous litigators, Ricardo Tosto has a wide range of legal and academic interests. He was a co-founder of Brazil’s Foundation for the Study of Election Law and belongs to several international professional organizations. He is also active in mentoring new legal talent.