Is it possible to combat corruption without offending the 1988 Federal Constitution?

Abstract

Historically our society has established that certain conducts deserve a greater reprimand of criminal law, in Brazil it has always criminalized certain groups more frequently, an example of which was the persecution for criminal contravention of vagrancy against newly freed
slaves in 1888, the continuation of this criminalization process of blacks for the war on drugs. The catch is to fight corruption, which occurs when Operation Lava Jato ceases to be regionalized, to become national, unlike what happens in all other criminal investigations. The modus operandi of the criminal process in which there is an accused of corruption is with media sensationalism, exposure of those accused, sentences served publicly, it happens that the Federal Constitution of 1988 brings fundamental guarantees to all those investigated. With this, the problem arises, is it possible to fight corruption without offending the Federal Constitution of 1988? The answer to this research problem will be based on bibliographic, documentary research, using the hypothetical deductive method, bringing discussions about the fight against corruption in Brazil, pointing out that all criminal prosecution and investigation must obey the law, which it does from express provisions of the Federal Constitution of 1988. For that it will be necessary to define corrupt behaviors, to characterize how they are defined, in addition to the media role in the construction of the “corrupt”
figure. Relating the fight against corruption based on its procedural rules (criminal prosecution), different from the current criminal "persecution", in which basic rights of the accused are violated in order to fight corruption, cannot be an investigation methodology adopted at the national level, as it mitigates constitutional guarantees. For this reason, all criminal investigations and prosecutions must obey procedural rules, especially those contained in the Federal Constitution, under penalty of being invalid.