Although not yet widespread, the “loss of chance theory” is the possibility of indemnification as a result of the act or omission of the offender, the result of which impedes the obtainment or realization of a positive outcome for the victim. For example, if you travel to the graduation ceremony of your only child and, on the way, another vehicle operating absolutely carelessly collides with yours and prevents your arrival at the event, in addition to pure and simple indemnification for the collision, there is a chance of indemnification for the frustration and prevention of participation in the eagerly awaited event. That is loss of chance!

However, I’m not referring to this theory, but to the fact and to the opportunity which Brazil lost in cleaning up the corruption assailing Petrobras and, according to the news, other state companies.

I say this as it is very clear that if the leaders of the contractors involved in the scandal, in an act of dignity, honesty and patriotism, had refused to take part when called to participate in this shameful corruption, and exposed to society the sea of mud which they were being invited to, today’s Brazil would be more worthy, probably under the control of a less corrupt government, and these entrepreneurs and executives would be leading a life of honor and dignity. What a shame they missed the chance! And so did Brazil. Happy 2015.

By Roberto Sergio Scervino