ESG Law Review最新文献

{"title":"Criminal Compliance: Exploring the Criminal Liability of Compliance Officers","authors":"Fábio André Guaragni, Luís Roberto de Oliveira Zagonel, Priscila Nascimento Giublin Gomes de Souza Luz","doi":"10.37497/esg.v3issue.1603","DOIUrl":"https://doi.org/10.37497/esg.v3issue.1603","url":null,"abstract":"Criminal compliance involves the adoption of legal and regulatory norms aimed at preventing illicit actions within a business and serves as a means of transferring criminal liability by individualizing the conduct of each company agent. In this transfer of responsibility, the figure of the compliance officer emerges through the delegation of tasks by the business owner to a subordinate. The compliance officer operates in an intermediate zone, tasked with executing duties and making decisions. \u0000The compliance officer is the professional appointed by the business owner to assess and manage business activities, with the aim of minimizing potential liability. The compliance officer's position as a guarantor stems from the duty of guarantee held by the business owner. \u0000Consequently, if a crime is committed within the company (such as corruption or environmental crimes), the compliance officer may be held responsible if they had the capacity and obligation to prevent the crime but failed to fulfill their duties. \u0000This article aims to examine the criminal liability of compliance officers within the context of criminal compliance. The methodology employed involves a comprehensive literature review and analysis of relevant legal frameworks. The findings highlight the critical role of compliance officers in preventing and managing criminal activities within businesses. It also emphasizes the importance of fulfilling their obligations to avoid potential legal repercussions. \u0000In conclusion, the study underscores the need for compliance officers to understand their responsibilities and effectively fulfill their duties to mitigate the risk of criminal liability. Additionally, it emphasizes the importance of ongoing education and training to ensure compliance officers remain up-to-date with evolving legal requirements and best practices in the field of criminal compliance.","PeriodicalId":440308,"journal":{"name":"ESG Law Review","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133068817","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":"Aspectos Relevantes da Influência dos Stakeholders na Responsabilidade Social Empresarial","authors":"Letícia Gabriela Camargo Franco de Lima, Pedro Franco de Lima, Sandro Mansur Gibran","doi":"10.37497/esg.v3i.1585","DOIUrl":"https://doi.org/10.37497/esg.v3i.1585","url":null,"abstract":"O presente estudo apresenta a teoria dos stakeholders como algo extremamente benéfico para as empresas, destacando a visão maximizadora em prol de todos os atores envolvidos na atividade produtiva. Na sequência aborda-se sobre a responsabilidade social empresarial sob o enfoque pós-modernista, onde a preocupação com o desenvolvimento sustentável, dentro desta nova dinâmica globalizada faz com que a sociedade de uma forma geral passe a ter relevância e sobretudo, comprometimento das organizações empresariais. Por fim, apresentam-se alguns aspectos relevantes com relação à compatibilidade entre os temas, demonstrando que a atuação conjunta entre os empresários e os stakeholders, melhora a visão do mercado com relação às atividades econômicas, fazendo com que a preocupação social, econômica e ambiental, atraia investimentos e, por consequência, melhore a qualidade de vida da população.","PeriodicalId":440308,"journal":{"name":"ESG Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129623756","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":"Governance Rules: Efficiency And Quality Assumptions In Sustainable Public Administration Management","authors":"Maria Cláudia da Silva Antunes de Souza, Eduardo Teixeira de Souza","doi":"10.37497/esg.v2issue.1609","DOIUrl":"https://doi.org/10.37497/esg.v2issue.1609","url":null,"abstract":"Effective governance rules are crucial for the efficient functioning of public administration, ensuring the sustainable, transparent, speedy, and economical management of public resources. However, the adoption and application of private governance principles within the public sector have not been extensively explored. This study aims to address this research gap by conducting a comprehensive bibliographic research and employing the inductive method to investigate the integration of private governance rules into public administration. \u0000The objective of this research is twofold: firstly, to examine the current utilization of private governance rules in public administration and secondly, to uncover the practical implications of their implementation. Through a thorough analysis of existing practices and relevant literature, this study aims to provide valuable insights and recommendations for enhancing the efficiency and effectiveness of public administration processes. \u0000The expected results of this research include a deeper understanding of the role and impact of governance rules on public administration. The study anticipates revealing successful strategies for incorporating private governance principles in the public sector, leading to improved resource allocation, increased transparency, and enhanced decision-making. By highlighting the significance of private governance in public administration, this research aims to contribute to informed discussions and potential reforms that promote sustainable and effective public governance, ultimately benefiting both the government and the citizens it serves. \u0000In conclusion, this study seeks to bridge the gap between private governance and public administration by investigating the adoption and application of governance rules within the public sector. By providing insights into current practices and their implications, this research aims to facilitate the development of sustainable management practices and foster effective governance in public administration.","PeriodicalId":440308,"journal":{"name":"ESG Law Review","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131869966","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 Public Administration Efficiency: Ensuring Effective Guarantee of Fundamental Rights to Brazilians","authors":"Francisco Pedro Jucá, Horácio Monteschio, Valéria Juliana Tortato Monteschio","doi":"10.37497/esg.v2issue.1606","DOIUrl":"https://doi.org/10.37497/esg.v2issue.1606","url":null,"abstract":"This article addresses the fundamental importance of providing efficient public administration as a means to safeguard the fundamental rights of Brazilians. It highlights the need for an administration that is attentive to the interests of the people and committed to fulfilling the promises made during electoral campaigns. Failure to fulfill these promises undermines the legitimacy of democratically elected officials who deviate from their proposed policies and engage in inefficient practices, detached from the aspirations of the electorate, and tainted by incompetence and corruption. The objective of this paper is to emphasize the right to good administration as an inalienable and binding right exercised by elected candidates. It concludes that elected officials have an obligation to possess knowledge of public management, administer efficiently, and ensure competent and effective governance for the benefit of Brazilians. The study is divided into three sections: the importance of constitutionalism, the generations or dimensions of fundamental rights, and the necessity of efficient public administration.","PeriodicalId":440308,"journal":{"name":"ESG Law Review","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134377560","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 Impact of Corporate Governance on Performance: A Case Study of Agricultural Co-operatives in Mato Grosso do Sul, Brazil","authors":"Jean Carlos da Silva Américo, S. Caleman, D. Costa, Patrícia Campeão","doi":"10.37497/esg.v2issue.1600","DOIUrl":"https://doi.org/10.37497/esg.v2issue.1600","url":null,"abstract":"This study focuses on examining the relationship between corporate governance practices and the performance of agricultural co-operatives in Mato Grosso do Sul, Brazil. The primary objective is to address agency conflicts within co-operatives by investigating the extent to which corporate governance practices align the interests of co-operatives and their members. The research approach involved a document analysis using the bylaws and meeting minutes of 21 co-operatives, totaling 84 documents. The assessment of corporate governance levels was based on a comparison with the 40 recommendations proposed by the Brazilian Co-operatives Organization (OCB, 2016), categorized into five major areas.\u0000The study is grounded in agency theory, particularly focusing on monitoring and incentives as key aspects. The findings reveal that the majority of recommended governance practices are concentrated in the \"management board\" area, while the co-operatives' most adopted practices are related to the \"members and general assembly\" dimension, which primarily involves monitoring efforts. However, when considering the full set of OCB's recommendations, only two were fully implemented by the co-operatives. These results indicate a low level of corporate governance in agricultural co-operatives in Mato Grosso do Sul.","PeriodicalId":440308,"journal":{"name":"ESG Law Review","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127798207","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":"Competition Compliance: Controlling and Combating Illicit Practices in the Economic Market","authors":"Mateus Eduardo Siqueira Nunes Bertoncini, Alexandra Barbosa Campos De Araujo","doi":"10.37497/esg.v1issue.1605","DOIUrl":"https://doi.org/10.37497/esg.v1issue.1605","url":null,"abstract":"This paper aims to analyze the extent to which compliance can contribute to promoting good competition practices. It explores how the state can control, combat, and prevent illicit activities occurring in the economic market as a sanctioning agent against violations of economic order. The study also examines the new anti-corruption measures embraced by the Administrative Council for Economic Defense, focusing on the encouragement of self-regulation and the benefits derived from adopting soft law in its Compliance Guide. Additionally, the research investigates how compliance assists companies in complying with the Competition Defense Law and the expected behavior concerning antitrust legislation (Law 12.529/2011). This includes preventing and suppressing abuses of economic power and violations against economic order, which impact the freedom of enterprise, fair competition, the social function of property, and consumer protection. The methodology employed involves a comprehensive literature review, examining scholarly articles, legal frameworks, and relevant guidelines. The findings demonstrate that compliance programs play a crucial role in ensuring adherence to competition laws and fostering a competitive market environment. The paper concludes by highlighting the significance of proactive compliance measures, effective self-regulation, and the cooperation between public and private sectors in achieving fair and ethical business practices that uphold competition principles.","PeriodicalId":440308,"journal":{"name":"ESG Law Review","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132010971","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":"Environmental Ethics and Challenges in Postmodernity: Social Responsibility, Business, Community, and the Environment","authors":"Hertha Urquiza Baracho, Belinda Pereira Da Cunha, Thiago Braga Dantas","doi":"10.37497/esg.v1issue.1599","DOIUrl":"https://doi.org/10.37497/esg.v1issue.1599","url":null,"abstract":"The growing environmental issue and its impact on human beings have garnered significant attention in public opinion. The current consumer society, with its profound effect on natural resources, is not a product of natural evolution but rather the result of ongoing sociocultural changes. Understanding the societal origins and consequences of the imminent environmental crisis is essential for devising solutions to this civilizational challenge, closely tied to the economic organization of modern society. \u0000This article aims to explore the relationships and connections between Ethics and the Environment in the context of Postmodernity. It proposes addressing the challenges of social responsibility, significance, and scope in relation to Law, community, business, and the environment. The first section critically analyzes the various stages of sociocultural evolution and their impact on natural resources. Special emphasis is placed on the Mercantilist and Industrial Revolutions, which shaped the contemporary landscape. The causes of sociocultural change and the differing processes influencing civilization's conception and human-nature relationship are highlighted. \u0000The second section delves into the concepts of Modernity and Postmodernity, examining similarities and differences between theoretical perspectives. It investigates historical characteristics such as the society of risk, capitalism, and the shift in corporate attitudes towards sustainable development, employing green marketing strategies to attract environmentally conscious consumers. \u0000The third section discusses the ethical dimensions and efficacy of environmental, social, and consumption relations. Topics explored include human-nature relationships, the origin and concept of sustainability, the necessity of an ethical framework concerning the environment, and the behavioral changes required from individuals and businesses to ensure the preservation of life on Earth. \u0000The final section investigates the evolution of the social function of companies and corporate social responsibility. It explores whether contemporary businesses adopt different ethical approaches compared to profit-oriented liberal enterprises and assesses the impact of the social function on the community and the environment. \u0000In conclusion, this article examines the stages of development and their implications for the proposed relationships, with a specific focus on legal observations and their social and functional implications based on contemporary concepts.","PeriodicalId":440308,"journal":{"name":"ESG Law Review","volume":"136 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126018963","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}