Enforcing Anti-Corruption Law in Cases of Superficial Compliance Implementation

Abstract

This study explores the application of Article 7, Item VIII of the Anticorruption Law (Law 12.846/2013), which considers the existence of integrity programs when imposing sanctions on companies that engage in harmful acts against the Public Administration. Using a descriptive and exploratory bibliographic research method, the study aims to investigate the effectiveness and validity of anti-corruption compliance programs. The study raises questions regarding the efficacy of compliance programs in preventing crimes against public administration, and the applicability of the mitigation provision in cases where companies adopt "false compliance." Although several states and municipalities have issued anti-corruption laws that require companies to adopt integrity programs, the current legislation does not provide definitive requirements for the implementation of compliance programs. Therefore, the study examines the problem of paper-based compliance or "false compliance," which may result in an artificial instrument and facilitate the transfer of information from top to bottom. The study argues that compliance programs must not only ensure compliance with the law, but also develop policies and ethical cultures that are aimed at all members of the social organization. This approach aligns with the company's social function principle and ensures that compliance programs, especially those aimed at preventing crimes, are effective. The study concludes that it is necessary to implement a compliance program that complies with compliance resolutions to ensure that the mitigation provided for in the Anticorruption Law is effectively valid and applicable. Ultimately, this study highlights the importance of a robust and effective compliance program in preventing corrupt practices within organizations and promoting accountability among directors and administrators of legal entities.