A PROTEÇÃO DOS DIREITOS HUMANOS AOS DENUNCIANTES QUE INVESTIGAM ATOS DE CORRUPÇÃO

RESUMO A corrupção vem se apresentando no âmbito das instituições privadas e democráticas, assim como, a nível internacional, entre os setores público e privado. No início da década de 90, começam a surgir uma série de estudos por parte dos organismos internacionais, das agências multilaterais e das organizações não governamentais procurando fornecer uma programação globalizada com temas ligados aos direitos humanos. São inúmeras denúncias noticiadas nos meios de comunicação acerca das práticas corruptivas, o que, acarreta no uso de campanhas anticorrupção por parte de governos para repressão a todos aqueles opositores ou críticos da sua gestão. Isso, de certo, modo pode trazer restrições aos direitos dos denunciantes, contribuindo para violação aos direitos humanos de todo e qualquer pessoa identificada como objetivo político, da transparência e publicidade, da liberdade de expressão e pensamento. O presente trabalho pretende analisar a proteção dos direitos humanos em seus tratados e convenções internacionais, no que diz respeito aos denunciantes e de todos aqueles que investigam casos de corrupção ligados a ilícitos, práticas fraudulentas em organizações de natureza pública e privada. De tal modo que, a participação do cidadão mediante o livre exercício da liberdade de expressão e do acesso á informação, possibilita o exercício da cidadania, sem censura estatal, como forma de diminuir a incidência dos atos de corrupção e um controle benéfico ao poder público e a iniciativa privada. Palavras chaves: corrupção, direitos humanos e denunciantes. ABSTRACT Corruption has been taking place within private and democratic institutions, as well as internationally, between the public and private sectors. In the early 1990s, a series of studies by international organizations, multilateral agencies and non-governmental organizations on the subject began to emerge, seeking to provide a globalized programming with themes related to human rights, There are numerous reports in the media about corrupt practices, which leads to the use of anti-corruption campaigns by governments to repress all those who oppose or critically manage them. This, in a way, may bring restrictions on the rights of whistleblowers, contributing to the violation of the human rights of anyone identified as a political objective, transparency and publicity, freedom of expression and thought. This paper aims to analyze the protection of human rights without their international treaties and conventions, with respect to whistleblowers and all those who investigate cases of corruption linked to illicit, fraudulent practices in organizations of a public and private nature. In such a way that citizen participation and access to information make it possible to exercise authentic citizenship as a means of reducing the incidence of acts of corruption and beneficial control of public power and private initiative, and may contain the benefits of corruption to the public. certain privileged groups and sectors. Keywords: corruption, human rights and whistleblowers.

Explaining the moderate platform of the Syrian Muslim Brotherhood: Against the inclusion-moderation hypothesis

<p>Throughout its existence, the Syrian Muslim Brotherhood (SMB) has consistently maintained a moderate policy on governance. The main aim of this study is to explain this moderation. Previous literature has usually explained moderation in similar movements by an “inclusion-moderation hypothesis”, which holds that moderation results when movements have the opportunity to participate in pluralist political processes. However, the SMB has been progressively excluded from the Syrian political arena since 1963. The inclusion-moderation hypothesis implies, as its converse, that exclusion leads to radicalisation. This study shows that contrary to this expectation, the SMB’s ultimate exclusion from the Syrian political arena in 1982 was in fact the primary driver of its moderate policy. The SMB also participated in parliamentary politics in its early history, and therefore has not moderated over time, as the inclusion-moderation hypothesis would require. Thus, the inclusion-moderation hypothesis does not work for this case, and this dissertation advances an alternate explanation for the SMB’s continued commitment to a moderate policy on governance. This study’s central thesis is that the SMB’s moderate policy on governance can be explained by the Brotherhood’s primary target audience, that is to say, the political force which, in the SMB’s view, can deliver its political objective. As this definition implies, the target audience shifts over time, in accordance with changing circumstances. In 1980, the primary target audience comprised diverse actors in opposition to the al-Asad government: the Fighting Vanguard, the Syrian ulama, and the secularist opposition. In 2001, the audience was the Bashar al-Asad government. In 2004, it was the secularist opposition; and in 2012, it was the foreign sponsors of the secularist opposition.</p>

Explaining the moderate platform of the Syrian Muslim Brotherhood: Against the inclusion-moderation hypothesis

<p>Throughout its existence, the Syrian Muslim Brotherhood (SMB) has consistently maintained a moderate policy on governance. The main aim of this study is to explain this moderation. Previous literature has usually explained moderation in similar movements by an “inclusion-moderation hypothesis”, which holds that moderation results when movements have the opportunity to participate in pluralist political processes. However, the SMB has been progressively excluded from the Syrian political arena since 1963. The inclusion-moderation hypothesis implies, as its converse, that exclusion leads to radicalisation. This study shows that contrary to this expectation, the SMB’s ultimate exclusion from the Syrian political arena in 1982 was in fact the primary driver of its moderate policy. The SMB also participated in parliamentary politics in its early history, and therefore has not moderated over time, as the inclusion-moderation hypothesis would require. Thus, the inclusion-moderation hypothesis does not work for this case, and this dissertation advances an alternate explanation for the SMB’s continued commitment to a moderate policy on governance. This study’s central thesis is that the SMB’s moderate policy on governance can be explained by the Brotherhood’s primary target audience, that is to say, the political force which, in the SMB’s view, can deliver its political objective. As this definition implies, the target audience shifts over time, in accordance with changing circumstances. In 1980, the primary target audience comprised diverse actors in opposition to the al-Asad government: the Fighting Vanguard, the Syrian ulama, and the secularist opposition. In 2001, the audience was the Bashar al-Asad government. In 2004, it was the secularist opposition; and in 2012, it was the foreign sponsors of the secularist opposition.</p>

Pandemic and the Fairy Tale Narrative

The article considers how the narrative of the pandemic has been developed, especially with regard to literature. The case study analyzed is the Italian novel L’assemblea degli animali, written by an anonymous author, whose penname is Filelfo. The article shows that the wide range of classical, literary and artistic references recognizable inside the text corresponds to a precise attitude of the ecologist culture, which is in search for traditional and elevated models to assert their ethical and political objective. The novel brings this directory to the point that it evokes an esoteric dimension of ecology. The article states that this stance is not serious, but ends into a literary game and feeds the needs for entertainment by the cultural industry, rather than giving any real contribution to the ecological question.

Development-led Archaeology and Public Benefit from a Swedish Perspective

There has been a specific national policy for culture in Sweden since 1974. Since then, the issue of public access to culture has been a central political objective. The ambition to provide the whole population with access to culture includes knowledge about the past. Making sure that the results of development-led archaeology are beneficial for the general public has therefore been an important issue in Sweden for quite some time.

Citizens, Infiltrators, and Others

This article will address the political objective behind the Modi government passing the Citizenship Amendment Act (CAA), planning to prepare a National Population Register (NPR) and a National Register of Citizens (NRC). It will examine the psychological impact of these moves on the minority community and why these moves were seen as precursors to their possible political disenfranchisement. It will examine the manner in which anti-CAA/NPR/NRC protest sites came up spontaneously across the country, how these protests were organized, and their lack of a clear leadership. It will also examine the decision of mainstream Opposition parties to keep away from these protests and the consequences of this decision. It will argue that this decision cost the political parties and the nation dearly. It shifted the political discourse within the majoritarian spectrum and led to these parties losing credibility with the protestors and the minority community. Finally, it will also examine the failure of the mainstream political parties in preventing violence by the state against the protestors (such as in Uttar Pradesh, Karnataka and Delhi) and in moderating the protests so that they do not fall prey to violent provocation.

“When a Nation Has No Leader, Poets Become Its Leaders” (Ukrainian Indigenous Literature as Viewed by Yevhen Malaniuk through a Mythological Prism)

The article discusses the literary-critical and national political activity of the outstanding Ukrainian poet and states figure Yevhen Malaniuk, using a corpus of his literary-critical essays. The author analyzes the oeuvre of diasporic writers in comparison with that of indigenous Ukrainian poets and prosaists who lived under the yoke of ideological prejudices and persecutions of the Soviet era, a symbiosis of “socialist realism” with stillborn “modernism”. Yearning for their homeland, Ukrainian diasporic writers created images of Ukraine the Vision, Ukraine the Dream, Ukraine the Goal, and an ideological political myth of a nation state. Yevhen Malaniuk fulfilled this philosophical and political objective brilliantly. His mythological thinking generated the concept of Ukraine the Hellas as a phenomenon of global importance. From his perspective, only by the glorious heroics of patriots and passionaries is it possible to foster national awareness. However, even with titans such as Taras Shevchenko, Bohdan Khmelnytskyi, Ivan Mazepa, and Symon Petliura, Ukrainian society was nevertheless unable to grasp such heroic endeavors adequately. Outstanding Ukrainian cultural activists never succeeded in viewing reality from a critical perspective. The poet debunks Russian colonialism and castigates Russian pro-imperial literature, the “split” Hohol, the chauvinistic propaganda of Russian culture. Yevhen Malaniuk’s oeuvre is seen as occupying a unique role in our literature

Control of Oppressive Interest Rates and Charges by Banks and the Relationship between Landlords and Tenants - The Urgent Imperative for Statutory Protection

Purpose: The purpose of the work is to examine the ways by which the court and legislature can control critical interest rates on loan bargains and legislation can be used to exercise/impose a significant legal control over the relationship between landlords and residential/occupiers.Methodology: The paper adopts the doctrinal research methodology/ approach of reviewing cases and statutes and international instruments in aiming at a valid conclusion. Emphasis were placed on statutes and case laws as primary sources. Relevance was as well placed on journal, articles, text books, internet materials, among others as secondary materials.Findings: The paper finds that many Nigerians will be exposed to unmitigated hardship and suffering during this era of covid-19 pandemic as a result of lockdown and restrictions imposed by the government in the effort and measures to contain and curb the spread of the coronavirus. Unique contribution to theory, policy and practice: The paper urges the government to adopt as a primary political objective- the use of legislation to ameliorate the plight of Nigerians in the loan bargain sector and in the residential (housing) sector. In this regard, the paper contributes to practice and policy of government by using law as an instrument of social engineering

Strategic culture and intelligence failure: British intelligence on Japan before the Imphal–Kohima battle, 1943–1944

Despite the common perception that British intelligence succeeded in preventing surprise before the Imphal–Kohima battle, this study shows that British assessment of Japanese intentions before the battle was in fact extremely ambivalent. It argues that the difference between British and Japanese strategic cultures was the key to explain British intelligence failure. Because of the two different strategic cultures, the British could not understand the dynamics of Japanese strategic planning and Japan’s offensive political objective against India. These findings suggest that despite improvement in technology and organization, diverging strategic cultures of different opponents will likely remain a major challenge to future intelligence.

The role of a creditor in the making of a debt crisis: the French government's financial support for Poland, between cold war interests and economic constraints, 1958-1981

In spite of considerable attention granted to sovereign debt failures, we still have limited knowledge of the incentives which induced creditors to lend at unsustainable levels. This article looks at the French government’s policy towards Poland from 1958, when economic cooperation between the two countries started, until Poland's announcement in 1981 that it could not service its debt. Export credit guarantees supported France's financial involvement, and this implied the government's strong influence on the decision to lend. This article brings out the tension between economic and political priorities in French policymaking during the cold war. Archival evidence reveals that as early as 1975 the French finance ministry warned that French risks were excessive; that Poland’s growing economic difficulties would render the country unable to repay its debts; and recommended limiting France's financial commitments. The French government, however, decided not only to carry on but also to increase lending, in order to support its political objective of using economic and financial means to relax East–West tensions. This article illustrates how creditors play a part in sovereign debt crises by voluntarily turning a blind eye to a country’s growing inability to repay its debts, and thus reinforce a vicious circle of indebtedness.