Journal of Law and Corruption Review最新文献

{"title":"Challenges and Benefits of Internal Investigations in Business Management: Fostering a Culture of Corporate Integrity","authors":"Karine Aparecida de Oliveira Dias Eslar","doi":"10.37497/corruptionreview.2.2020.64","DOIUrl":"https://doi.org/10.37497/corruptionreview.2.2020.64","url":null,"abstract":"An internal investigation is not a simple step within a company because it involves a multitude of situations that need to be considered and evaluated before the investigative process begins. It can be an important instrument in the process of business management as it aids in decision-making regarding risks that may jeopardize the sustainability of the business. One aspect that must be taken into account is the lack/omission of cooperation from those who are knowledgeable about the facts. This lack/omission usually occurs out of fear of involvement in embarrassing situations that may compromise colleagues and the employee themselves. Therefore, creating a culture of corporate integrity can make all the difference so that employees feel psychologically safe to speak about wrongdoings, often only known by them.","PeriodicalId":359393,"journal":{"name":"Journal of Law and Corruption Review","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128394529","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Criminal Compliance in Brazilian Corporate Criminal Law: A Theoretical Analysis","authors":"Kamila Fochezatto Panisson","doi":"10.37497/corruptionreview.2.2020.56","DOIUrl":"https://doi.org/10.37497/corruptionreview.2.2020.56","url":null,"abstract":"With the establishment of compliance rules, a penal bias known as criminal compliance has emerged. This paper focuses on the institute of criminal compliance, which aims to prevent and control fraud, corruption, money laundering, ethical misconduct, and potential criminal charges against companies (where permitted by applicable legal systems), in order to maintain an integral and transparent image of the internal acts and behaviors of the institution. The research seeks to answer the following question: Does a fully innovative institute, such as criminal compliance, exist in the Brazilian criminal legal system? The objective of the study is to identify the possibility of implementing criminal compliance in Brazilian corporate criminal law, taking into account the current challenges faced by the institute for its effective implementation. The justification for this study is urgent considering the worldwide repudiation of the lack of integrity and ethics in financial institutions, which necessitates the pursuit of effective corporate governance. The hypothesis underlying this research is that organizations, including those in Brazil, are increasingly required to adopt responsible and ethical conduct. The applied methodology was qualitative, based on theoretical and bibliographic research, guided by the phenomenological-hermeneutical method, where pre-understanding, preceding comprehension/interpretation/application, gives meaning to the research results in which the investigator is directly involved. As a conclusion, it is evident that both doctrine and jurisprudence face difficulties in incorporating criminal compliance into Brazilian corporate criminal law. Despite advocating for prevention and subsequent mitigation in legal systems allowing the criminal liability of legal entities, there is a lack of effective criminal laws that recognize this institute in Brazil. Therefore, compliance, through voluntary internal corporate governance practices, is the only aspect applied in the Brazilian legal system. While the premises of criminal compliance remain primarily theoretical, with indirect and discreet practical application in preventing corporate crimes within the Brazilian criminal legal system.","PeriodicalId":359393,"journal":{"name":"Journal of Law and Corruption Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130630531","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Enhancing Ethics and Combating Corruption: The Role of Compliance Programs in Healthcare","authors":"Janaina Almeida Giani, Andréa Luísa de Oliveira","doi":"10.37497/corruptionreview.2.2020.66","DOIUrl":"https://doi.org/10.37497/corruptionreview.2.2020.66","url":null,"abstract":"Globally, health is recognized as a second dimension right. However, despite its global relevance, it is not uncommon to hear about the difficulties in fully achieving universal, free, comprehensive, and non-discriminatory access to healthcare. This article aims to present, as its main reflection, the problem rooted in inappropriate practices concerning the use of public health resources. Given the complexity of the topic, the objective is to propose and promote the compliance program as a restorative palliative for the effectiveness of an ethics program and the fight against risks and corrupt acts. Firstly, the historical and legislative framework on the subject will be portrayed, aiming to demonstrate that despite reprehensible behavior, these practices persist over time. In the second chapter, compliance is presented as a means to curb corrupt practices, so that in the end, the third chapter can outline the essential pillars for implementing an effective healthcare compliance program. To obtain results and answers to the problem, the article aims to conduct a literature and legislative review using the deductive method to form new hypotheses given the current nature of the topic.","PeriodicalId":359393,"journal":{"name":"Journal of Law and Corruption Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128411125","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Whistleblowing Channels and Internal Investigations in Electoral and Partisan Contexts: Parameters and Guidelines for Ensuring Integrity and Compliance","authors":"Brenda de Quadros Pereira, Luiz Filipe de Andrade Neves Braghirolli","doi":"10.37497/corruptionreview.2.2020.67","DOIUrl":"https://doi.org/10.37497/corruptionreview.2.2020.67","url":null,"abstract":"How to structure an effective whistleblowing channel within an electoral and partisan context? How to proceed with internal investigations to verify the reported allegations? The objectives of this study are twofold: firstly, to establish reliable parameters for the structuring of a whistleblowing channel, and secondly, to develop procedures for internal investigations within political parties and electoral campaigns. The research techniques employed will involve consulting doctrinal sources of national and international relevance, as well as analyzing the Bill no. 429 of 2017. The research method to be used will be hypothetical-deductive, as it will address dogmatic concepts and guidelines established by the Bill. In light of numerous corruption and money laundering scandals, there is an increased social demand for clean and transparent electoral campaigns and better-prepared and structured political parties to address the risks of irregularities within the party and electoral context. With the Bill no. 429/2017 under consideration, the need for integrity programs in these areas will become mandatory. In order for such changes to be effective, it is essential to establish secure parameters and guidelines for whistleblowing channels and internal investigations, as these are the pillars that best facilitate the identification of integrity issues and legal and political malfeasance. Whistleblowing channels are characterized as both internal and external means of communication that aim to establish an anonymous and secure environment for reporting potential violations of the integrity program. Internal investigations, on the other hand, are procedures that aim to prevent and detect inappropriate conduct within the program, with the goal of immediate purging within the organization. Thus, we can conclude that whistleblowing channels primarily emphasize the elements of whistleblower anonymity and information confidentiality, serving as an effective means to report legal and statutory infractions and maintain order and integrity within the party structure and campaign organization. Internal investigations, in turn, serve as tools to verify the veracity of allegations and apply appropriate sanctions to ensure compliance with the integrity program within the party and electoral process. In this context, it is necessary to analyze how these pillars will be applied in the electoral routine and party structure, considering the different proportions and impacts of Brazilian politics.","PeriodicalId":359393,"journal":{"name":"Journal of Law and Corruption Review","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128626969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Assessing the Quality of Compliance Programs in Companies Listed in the New Brazilian Market","authors":"Caroline da Rosa Pinheiro, Ana Margarida Forja de Macedo de Carvalho, Bárbara Simões Narciso, Yasmin Oliveira Dutra","doi":"10.37497/corruptionreview.2.2020.65","DOIUrl":"https://doi.org/10.37497/corruptionreview.2.2020.65","url":null,"abstract":"The present study, based on the experiences conducted by the academic research group \"Enterprise, Development, and Responsibility (EDRESP),\" aims to touch upon the discussion regarding the (in)capacity of compliance measures to effectively impact the organization of business societies through their role in promoting the social interest of companies. The investigation utilizes a methodology of documentary analysis, with the main scope being an empirical study, namely, the formulation and application of questionnaires capable of assessing the quality (degree of compliance with legislation and effectiveness) of commitments made by companies listed on the Novo Mercado of B3 (Brasil, Bolsa e Balcão) in their integrity programs. This endeavor is subdivided into various research axes that substantiate objective parameters to be considered by companies in terms of governance and integrity, namely: environmental, consumerist, competitive, punitive, labor, and other criteria. Furthermore, it was expected to ascertain whether the degree of compliance adherence to current legislation, combined with the parameters used by each program, defines the capacity of the measure as an instrument of institutional efficiency.","PeriodicalId":359393,"journal":{"name":"Journal of Law and Corruption Review","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127795227","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analysis of the Anti-Corruption Law: Necessity, Applicability, and Criticisms","authors":"Andreia Azevedo De Lima Wada","doi":"10.37497/corruptionreview.1.2019.58","DOIUrl":"https://doi.org/10.37497/corruptionreview.1.2019.58","url":null,"abstract":"This article aims to analyze the Anti-Corruption Law, seeking to assess its necessity and applicability, as well as examine some criticisms regarding the provisions of the law. It is necessary to briefly describe the context in which this law emerged and evaluate its need for implementation. Additionally, it explores various corruption prevention methods, such as the implementation of compliance programs, and discusses the criticisms that this law has faced. The deductive and bibliographic methodologies are used for the development of this study. \u0000The significance of this research lies in the fact that illicit practices by legal entities entail numerous negative consequences for a nation's growth and development. Therefore, combating such practices needs to be legally recognized and enforced. The Anti-Corruption Law plays a crucial role in seeking accountability for legal entities and identifying the typology of illicit acts, allowing appropriate sanctions to be imposed. The ultimate goal is to promote ethical behavior and ensure compliance with legal obligations.","PeriodicalId":359393,"journal":{"name":"Journal of Law and Corruption Review","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114818953","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Agency Theory and Corporate Governance in the Brazilian Public Service: A Theoretical Analysis","authors":"V. Martins, Jair Jeremias Junior, Luis Fernando Enciso","doi":"10.37497/corruptionreview.1.2019.57","DOIUrl":"https://doi.org/10.37497/corruptionreview.1.2019.57","url":null,"abstract":"The Brazilian public service is governed by laws and regulations, which sometimes lead to a divergence of interests between the service provider and the contracting entity. Agency theory states that the delegation of powers to administrators who may not have any equity stake in the organization creates a separation between ownership and control. This situation results in a misalignment of interests between the owners, known as principals, and the hired managers, known as agents. The role of Corporate Governance is to oversee the relationship between management (agents) and owners (principals) and reduce the existing differences, particularly regarding information asymmetry. This paper, through a theoretical essay, aims to present the relationships established in the literature regarding Agency Theory and Corporate Governance in the context of the public sector and services. In this context, a robust Governance structure becomes essential for effective administration and management in public organizations. It is evident that the principles of Corporate Governance, such as Transparency (disclosure), Accountability, and Fairness, align with the principles of Public Administration, particularly in terms of Publicity and Morality.","PeriodicalId":359393,"journal":{"name":"Journal of Law and Corruption Review","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114354225","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}