OPINION: How Fair Is Operation Car Wash?

Law360, New York (December 4, 2015, 4:40 PM EST) -- On Nov. 29, 2015, the Sunday Times ran an article about Investigating Judge Sergio Moro headed "Brazil's Elliot Ness 'out of control'." The article flagged concerns at the fairness of the "colossal" Lava Jato (or, Operation "Car Wash") corruption inquiry in Brazil now threatening to ensare politicians as prominent as former President Luiz Inacio Lula da Silva and a host of major business leaders, including most recently the banker Andre Esteves. These concerns are founded in the rule of law and the entitlement of all caught up in the Brazilian judicial system to be treated fairly and in accordance with rights protected both by the Brazilian constitution and international treaties. The concerns are also beginning to be reflected in the highest judicial circles....

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