Compliance in The Judiciary: Practical Considerations on Compliance Programs Applied to Courts of Justice

The objective of this study is to present and discuss issues related to the implementation of compliance programs within the entities that comprise the Public Administration, particularly those within the Judiciary. Methodology: The methodology employed involves an analysis of compliance programs in courts of justice, divided into two specific approaches. Firstly, introductory concepts regarding compliance and its utilization within the Judiciary will be explored. Subsequently, practical parameters for developing these programs within courts of justice will be defined, linking them to the current public law regulations applicable to these entities. Additionally, the possibility of developing internal self-regulation structures will be considered, anticipating the potential establishment of integrity policies by courts of justice that will guide the activities of their staff and collaborators. Results: The analysis reveals the importance of implementing compliance programs within courts of justice to prevent and detect misconduct, promote transparency, and ensure adherence to legal and ethical standards. It identifies the challenges faced in adapting compliance practices from the private sector to the unique context of the judiciary. The study provides insights into risk assessment, the development of policies and procedures, training, monitoring, and enforcement mechanisms specifically tailored to courts of justice. Conclusions: The findings emphasize the need for courts of justice to establish comprehensive compliance programs that align with the principles of integrity and accountability. These programs can contribute to enhancing the public's trust in the judiciary and safeguarding the independence and impartiality of judicial processes. It is recommended that courts of justice develop internal mechanisms to ensure the effective implementation and continuous improvement of compliance programs, considering the specific characteristics and requirements of the judiciary. Overall, this study aims to provide practical guidance for the development and implementation of compliance programs in courts of justice, fostering a culture of compliance and integrity within the judicial system.