Lava jato beyond borders: the uneven performance of anti-corruption judicial efforts in Latin America

This essay uses an original database to trace the regionalization of the Lava Jato case, following revelations by judicial authorities in the United States in December 2016. It also investigates variation in the progress of national investigative efforts. Corruption investigations inevitably target...

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Main Authors: Gonzalez Ocantos, E, Baraybar, K
Format: Journal article
Published: Taiwan Foundation for Democracy 2019
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author Gonzalez Ocantos, E
Baraybar, K
author_facet Gonzalez Ocantos, E
Baraybar, K
author_sort Gonzalez Ocantos, E
collection OXFORD
description This essay uses an original database to trace the regionalization of the Lava Jato case, following revelations by judicial authorities in the United States in December 2016. It also investigates variation in the progress of national investigative efforts. Corruption investigations inevitably target powerful political and business elites. As a result, the permissiveness of the political environment is crucial to explaining why some chapters of Lava Jato have been able to make more progress than others. This essay acknowledges the relevance of such constraints, but also draws attention to the importance of judicial agency. We argue that the quality of anticorruption investigations is not entirely endogenous to the presence of a favorable political environment; certain choices and prosecutorial strategies can effectively expand narrow limits of political possibility, and help build momentum when there is none. More importantly, even when conditions allow for more independent prosecutorial efforts, judicial actors still need to be willing and able to overcome the many technical obstacles that characterize this type of inquiry. Securing high-quality evidence in information-poor environments, building relations with myriad national and international players, and leveraging media cover are all crucial to guaranteeing progress. We analyze the role of judicial agency in the cases of Ecuador and Peru, where investigators managed to secure a number of crucial victories, and in Mexico, where the investigation failed to deliver results. The essay thus contributes to the scholarly literature on the judicialization of grand corruption.
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spelling oxford-uuid:c58f1388-c8cb-4e22-8b67-76b3f5c20f0c2022-03-27T06:31:57ZLava jato beyond borders: the uneven performance of anti-corruption judicial efforts in Latin AmericaJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:c58f1388-c8cb-4e22-8b67-76b3f5c20f0cSymplectic Elements at OxfordTaiwan Foundation for Democracy2019Gonzalez Ocantos, EBaraybar, KThis essay uses an original database to trace the regionalization of the Lava Jato case, following revelations by judicial authorities in the United States in December 2016. It also investigates variation in the progress of national investigative efforts. Corruption investigations inevitably target powerful political and business elites. As a result, the permissiveness of the political environment is crucial to explaining why some chapters of Lava Jato have been able to make more progress than others. This essay acknowledges the relevance of such constraints, but also draws attention to the importance of judicial agency. We argue that the quality of anticorruption investigations is not entirely endogenous to the presence of a favorable political environment; certain choices and prosecutorial strategies can effectively expand narrow limits of political possibility, and help build momentum when there is none. More importantly, even when conditions allow for more independent prosecutorial efforts, judicial actors still need to be willing and able to overcome the many technical obstacles that characterize this type of inquiry. Securing high-quality evidence in information-poor environments, building relations with myriad national and international players, and leveraging media cover are all crucial to guaranteeing progress. We analyze the role of judicial agency in the cases of Ecuador and Peru, where investigators managed to secure a number of crucial victories, and in Mexico, where the investigation failed to deliver results. The essay thus contributes to the scholarly literature on the judicialization of grand corruption.
spellingShingle Gonzalez Ocantos, E
Baraybar, K
Lava jato beyond borders: the uneven performance of anti-corruption judicial efforts in Latin America
title Lava jato beyond borders: the uneven performance of anti-corruption judicial efforts in Latin America
title_full Lava jato beyond borders: the uneven performance of anti-corruption judicial efforts in Latin America
title_fullStr Lava jato beyond borders: the uneven performance of anti-corruption judicial efforts in Latin America
title_full_unstemmed Lava jato beyond borders: the uneven performance of anti-corruption judicial efforts in Latin America
title_short Lava jato beyond borders: the uneven performance of anti-corruption judicial efforts in Latin America
title_sort lava jato beyond borders the uneven performance of anti corruption judicial efforts in latin america
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