Clean Hands Operation was a major judicial investigation in Italy aimed to clarify instances of corruption during the 1990s. From the arrest of a militant of the Italian Socialist Party (PSI), Mario Chiesa, accused of tuition fees collect in the institution who ran, triggered the mega operation of criminal investigations. With Clean Hands Operation were convicted politicians, businessmen and public and private actors. In Brazil, the Lava Jato Operation, has evolved to the satisfaction thanks in large part to the careful movements of federal judge Sergio Moro, largely responsible for the conduct of proceedings investigating the mega scheme corruption at oil enterprise Petrobras. Since March last year, he authorized 161 mandate of search and apprehension, ordered the arrest of sixty people and determined the block of 200 million Reais in bank accounts of suspects - including officials of state and powerful businessmen. Just as happened in Italy would be desirable the conviction and imprisonment of all those involved in mega corruption that hit Petrobras and the exclusion of national political life of all political parties involved in Lava Jato Operation.

1. 1
“LAVA JATO” OPERATION WILL HAVE THE SAME FATE OF CLEAN
HANDS OPERATION OF ITALY?
Fernando Alcoforado *
Clean Hands Operation was a major judicial investigation in Italy aimed to clarify
instances of corruption during the 1990s. From the arrest of a militant of the Italian
Socialist Party (PSI), Mario Chiesa, accused of tuition fees collect in the institution who
ran, triggered the mega operation of criminal investigations. With Clean Hands
Operation were convicted politicians, businessmen and public and private actors.
Bettino Craxi, principal leader of the PSI and former Prime Minister of Italy, was
punished for corrupt practices and illegal campaign financing. It was decisive the
confession of the businessman Salvatore Ligresti that his company paid tuition fees to
PSI and Craxi himself to get works since 1985 [See the article by Carlos Ramos,
teacher, consultant and a PhD in political science from the Federal University of São
Carlos - Ufscar under the title Resultados da Operação Mãos Limpas (Results the Clean
Hands Operation) posted on the website
<http://www.comerciodojahu.com.br/post?id=1319529&titulo=Resultados+da+Opera%
C3%A7%C3%A3o+M%C3%A3os+Limpas>].
In the above-mentioned article, Carlos Ramos says that it was established influence
peddling and corruption in millionaires contracts involving ENI, the Italian state oil
company. Clean Hands Operation proved that the state oil company ENI acted as a
major source for illegal party financing and Italian politicians. Florio Fiorini, chief
financial officer, and Gabriele Cagliari, president of ENI, confessed that for years the
company effected monthly payments to the main political parties and their leaders.
Cagliari committed suicide in prison. In addition to the corruption schemes, Clean
Hands Operation also revealed the Italian State's relations with organized crime. Giulio
Andreotti, leader of the Christian Democrats (DC) and former Prime Minister of Italy,
was also prosecuted for association with the Mafia. It is very large, so the similarity of
Clean Hands Operation in Italy and Lava Jato Operation in Brazil.
From the Clean Hands Operation resulted in the political and electoral decline of the
main parties of the time, the PSI (Socialist Party) and the DC (Christian Democrats).
The political forces that dominated Italy since the postwar seen his power crumble and
disappear. Carlos Ramos, author of the article quoted above, says that from the Italian
experience, one can learn that the delegitimization of the political system, by itself,
cannot bring about the necessary changes. It is necessary, as there was there, effective
public participation in the fight against corruption. Carlos Ramos emphasizes the
position of the federal judge Sergio Moro, who operates Lava Jato Operation in Brazil,
in an article that he published in 2004, which analyzed the Clean Hands Operation,
stated that "(...) the lawsuit cannot replace democracy in the fight against corruption. It
is the enlightened public opinion that can, by its own institutional means, address the
structural causes of corruption".
The Clean Hands Operation was to balance the research of 6,059 people, including 872
businessmen, 1,978 managers and 438 parliamentarians, four of whom were prime
ministers. The Italian Court of Auditors stated that corruption within the public
administration of this country reached 60 billion Euros a year reflected worldwide. The
Clean Hands Operation changed the balance of power in the political dispute in Italy,
reducing the power of parties that had dominated the Italian political scene. All four
parties in government in 1992 - Christian Democrat (DC), the Socialist Party (PSI), the

2. 2
Social Democratic and Liberal - disappeared later. The Democratic Party of the Left, the
Republican Party and the Movimento Sociale Italiano were the only national expression
of parties to survive [See the article Corrupção na Itália (Corruption in Italy)
published on the website
<http://www.muco.com.br/index.php?option=com_content&view=article&id=483:corru
pcao-na-italia&catid=45:corrupcao-pelo-mundo>].
In Brazil, the Lava Jato Operation, has evolved to the satisfaction thanks in large part to
the careful movements of federal judge Sergio Moro, largely responsible for the conduct
of proceedings investigating the mega scheme corruption at oil enterprise Petrobras.
Since March last year, he authorized 161 mandate of search and apprehension, ordered
the arrest of sixty people and determined the block of 200 million Reais in bank
accounts of suspects - including officials of state and powerful businessmen [See
Article Sergio Moro: O juiz que faz andar a máquina em busca dos culpados pelo
petrolão (Sergio Moro : The judge who makes riding engine in the search of the blame
for petrolão) published on the website <http://veja.abril.com.br/blog/ricardo-
setti/tag/operacao-maos-limpas/>]. Defended by the greatest criminal lawyers in the
country, all the accused reacted immediately. At least 37 of habeas corpus was sent to
Superior Court and the Supreme Court and just one revenge so far: allowing the release
of the former head of Petrobras, Renato Duque.
Attempts to take the process from the hands of Judge Sergio Moro resulted in failure.
Those interested in him out of the case went through all instances of judicial claiming
he had no legal authority to conduct the process because with the involvement of
politicians in the scandal "special jurisdiction" to judge those involved would be the
Supreme Court. They also argued that the arrests of the suspects were unfair and that the
case should be transferred from Curitiba to Rio de Janeiro, where is the Petrobras
headquarters. No judge of the Federal Court or the Supreme Court or the Minister STF
obeyed disputes. Just as happened in Italy would be desirable the conviction and
imprisonment of all those involved in mega corruption that hit Petrobras and the
exclusion of national political life of all political parties involved in Lava Jato
Operation.
In Brazil, it is essential to have not only a profound change in the failed economic
model that shows clear signs of exhaustion, but it is also imperative to reform the State
and Public Administration through a new Constituent Assembly because all the political
and administrative system of the country is tainted by corruption and state
administrative apparatus is inefficient and ineffective. To build a new political and
administrative order radically democratic based on ethics and development for the
benefit of the entire population, the new Constituent Assembly should consider, inter
alia, the following: 1) the substitution of the presidential system by parliamentary
system to ensure political and institutional stability in the country with a new Supreme
Court to act as moderating power; 2) the candidates for elected office should have
previous immaculate life and systematically account of its mandate to their parties and
the electorate; 3) the voters should exercise as much as the political parties the social
control of the elect, engaging the institutional mechanisms for the punishment of those
who eventually have betrayed the party program and the interests of the electorate about
withdrawal or not its mandate through referendum; 4) the decisions on issues of vital
importance to the population should be decided upon through plebiscite or referendum;
and, 5) all holders of public office should celebrate with the State management contract

3. 3
in which they agree to meet the goals set that in the event of non-compliance, should be
dismissed.
*Fernando Alcoforado , member of the Bahia Academy of Education, engineer and doctor of Territorial
Planning and Regional Development from the University of Barcelona, a university professor and
consultant in strategic planning, business planning, regional planning and planning of energy systems, is
the author of Globalização (Editora Nobel, São Paulo, 1997), De Collor a FHC- O Brasil e a Nova
(Des)ordem Mundial (Editora Nobel, São Paulo, 1998), Um Projeto para o Brasil (Editora Nobel, São
Paulo, 2000), Os condicionantes do desenvolvimento do Estado da Bahia (Tese de doutorado.
Universidade de Barcelona, http://www.tesisenred.net/handle/10803/1944, 2003), Globalização e
Desenvolvimento (Editora Nobel, São Paulo, 2006), Bahia- Desenvolvimento do Século XVI ao Século XX
e Objetivos Estratégicos na Era Contemporânea (EGBA, Salvador, 2008), The Necessary Conditions of
the Economic and Social Development-The Case of the State of Bahia (VDM Verlag Dr. Muller
Aktiengesellschaft & Co. KG, Saarbrücken, Germany, 2010), Aquecimento Global e Catástrofe
Planetária (P&A Gráfica e Editora, Salvador, 2010), Amazônia Sustentável- Para o progresso do Brasil e
combate ao aquecimento global (Viena- Editora e Gráfica, Santa Cruz do Rio Pardo, São Paulo, 2011)
and Os Fatores Condicionantes do Desenvolvimento Econômico e Social (Editora CRV, Curitiba, 2012),
among others.