Corporate Ethics as a Pillar for Strengthening Compliance Programs: A Brief Analysis of the Interplay between Ethics, Integrity, and Compliance

Abstract

The objective of this study is to investigate the concepts of business ethics, integrity, and compliance and their relationship and distinctions, with a focus on US and Brazilian legislation, principles, and experiences. The study also provides a brief history of the origin of these institutes. A critical analysis of the US Department of Justice's Compliance Manual and Law no. 13,467/2017 is conducted, with consideration of their effects on the economic, social, and business environment. The research methodology adopted is qualitative, exploratory, and based on bibliographic and documentary analysis. The investigation is conducted through a hypothetical-deductive approach, utilizing a dogmatic analysis of the concepts of business ethics, integrity, and compliance. The results of the research indicate that ethics and compliance are different sides of the same coin, with compliance aiming for the accomplishment of the law and ethics requiring doing what is right, regardless of what the law says. The study concludes that the ethical context is the basis for the compliance program, and that the compliance system will only work if there is a strong ethical culture. This study provides a contribution to the understanding of the relationship between business ethics, integrity, and compliance, and sheds light on the two theories that underlie compliance, the rationalist and normative theories, as well as clarifying concepts and definitions that may confuse professionals in the compliance area.