CORRUPTION, HUMAN RIGHTS AND DEMOCRATIC STATE

Resumo

The object of the present work refers to the effects of corruption on human rights. Its relevance lies in knowing that corruption can affect the stability or subsistence of democratic States. International and national legislation and doctrine on the themes: corruption, human rights, rule of law and international cooperation were used. Humanity faces various problems and conflicts linked to the world of illegality, some more silent than others such as corruption that, often in an organized way, affects the elementary rights of citizens and threatens to break the tenuous balance between legitimately instituted state powers and parallel powers associated with transnational organized crime, destroying the foundations of society, and threatening the stability, authority and, ultimately, the survival of democratic states. Corruption, as the illegitimate appropriation of public and private financial means intended to guarantee economic, social, cultural, civil and political rights, such as life, security, liberty, health, education, justice, freedom of expression and citizens association, enshrined in the Universal Declaration of Human Rights (1948) in the European Convention on Human Rights of the Council of Europe (1950) and in the European Charter of Fundamental Rights of the European Union (2000). This phenomenon could, in the long term, trigger social upheavals on the part of its real victims who, in a diffuse way, assume a global dimension, many of them finding themselves in a state of extreme poverty, deprived of the minimum human rights and in situations of malnutrition and subject to abuse by the authorities. It is, therefore, important that nations and international organizations strive to promote a more effective fight against corruption, so that in respect for human rights and in the fight against corruption, Law in books urgently corresponds to Law in action. International and community cooperation mechanisms have been insufficient, such as the Palermo Convention (2000) the UN Convention against corruption (2003.10.31) the Council of Europe Convention against corruption (1999.04.30) Decision 2008/852/ JHA of the Council, of 2008.10.24, on the creation of a network of anti-corruption contact points, Directive (EU) 2017/1371 of the European Parliament and of the Council, of 2017.07.04, on the fight against harmful fraud of the financial interests of the Union through criminal law and Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report violations of Union law. In Portugal, in addition to the criminalization in the Penal Code, we highlight Decree-Law 109-E/2021, of 12/09 (National Anti-Corruption Mechanism) to Law 52/2019, of 7/31 (Regime for the Exercise of Functions by Holders of Political Offices and Senior Public Offices) Law 34/87, of 7/16 (Crimes for the Responsibility of Holders of Political Offices) and Law 20/2008, of 4/21) Criminal regime of corruption in international trade and in the private sector) in addition to special measures for prevention, investigation and combat, the effectiveness of which does not differ from that previously mentioned regarding international cooperation.