THE ANTICORRUPTION AGENDA IN THE OAS AND THE BASIS FOR THE INTERNALIZATION OF CRIMINAL LAW - DOI: 10.12818/P.0304-2340.2025v87p17

Abstract

This article aims to analyze the initiatives of the OAS (Organization of American States) in promoting anti-corruption policies in Latin America, particularly regarding the legitimacy of multilateral institutions in establishing legal and criminal obligations. The Inter-American Convention against Corruption was chosen as a paradigm, along with the discussions promoted by its respective implementation mechanism (MESICIC), which allow for an observation of how the process of internationalization and subsequent internalization of such obligations has unfolded. In the context of globalization, international initiatives should provide tools for states to jointly address problems that arise on the international stage, thereby uniting efforts to preserve their respective democratic institutions. The importance of this analysis within the criminal law framework is justified, as the issue is particularly sensitive, given that the immediate and international demands of contemporary society may conflict with the principles of criminal policy grounded in human dignity. It is concluded that balancing the factors of universalism and sovereignty is crucial in the process of defining political agendas, to promote supranational integration as well as protect the axiological foundations of the Democratic Rule of Law.

Keywords: OAS. Inter-American Convention against Corruption. Criminal law. Criminal policy.