Em direção ao ressarcimento racional do dano: o mito da reparação integral em casos de corrupção

Abstract

The dissertation investigates the application of the concept of full reparation in cases of corruption in Brazil, highlighting its theoretical and practical limitations. Given the complexity of determining damages and profits, the absolute nature of this principle is questioned. The study reveals that, although provided for in Brazilian legislation, its implementation is hindered by the lack of defined criteria and the diversity of elements it encompasses. Moreover, current normative approaches prove insufficient, often overlooking practical limitations such as the time and resources required for accurate calculations. Thus, a more rational and pragmatic approach is proposed, one that considers the realities of decision-making processes and the need for legal certainty. Full reparation, in its current conception, is viewed as an ideal to be replaced by more effective and realistic methods, integrating legal principles with technical and economic analyses.