Tráfico de influência e desvio de verbas destinadas a educação escolar: uma análise da Operação Prato-Feito no Estado de São Paulo

Abstract

This article analyzes the crime of Influence Peddling, foreseen in article 332 of the Brazilian Penal Code, based on the Federal Police Operation "Prato-Feito", which investigated the complaint made by the Federal Court of Accounts about possible fraud in bidding processes for the supply of school lunches, uniforms and school supplies in several municipalities in the state of São Paulo. This resulted in the indictment of 96 people involved, including Mayors and Secretaries of Education. The guiding question of this paper is: how has the Brazilian State been dealing with the Influence Peddling practiced by heads of the municipal executive branch? Based on this assumption, the general objective is to analyze how the Brazilian State has been treating this crime. To this end, the following specific objectives are outlined: to identify the legal scenario that prohibits Influence Peddling and protects the principle of impersonality in Public Administration and to verify, based on the case study of Operation “Prato-Feito”, the State's performance in relation to this crime. The methodology used included literature review and document analysis.