Criminal compliance: análise da Lei nº 12.846/2013 e a efetividade dos programas de integridade

Abstract

This dissertation proposes an analysis of the evolution of criminal compliance in the Brazilian and international context, as well as the study of the pillars that allow a program to be successful. In this sense, the study is justified by the practical importance of the subject for the corporate environment and by the relevance of Criminal Law in the prevention and confrontation of economic crimes. With this purpose, the research adopts a qualitative approach, using the deductive method and bibliographic and documentary research techniques, in order to achieve the main objective of this monograph, which consists in analyzing criminal compliance under the perspective of Law No. 12,846/2013, also known as the Anti-Corruption Law, and how the mechanisms of a well-structured compliance program can assist in the prevention and containment of corruption schemes, as well as avoid the penalties provided by the law. In this context, the present monograph examines criminal compliance in the scope of its historical evolution, both in Brazil and abroad, as well as the role of self-regulation in compliance programs. It also studies the relationship between criminal compliance and corporate governance, the definition and explanation of criminal compliance programs and their pillars, the mechanism of leniency agreements provided for in Law No. 12,846/2013, and their current relevance. Considering the relatively recent enactment of an anti-corruption law in Brazil and the growing importance of implementing compliance programs in the corporate sphere, this dissertation aims to deepen the legal debate through a coherent interpretation and the use of the deductive method, in order to demonstrate the current relevance of the topics addressed.