Estudos sobre o compliance para prevenção da corrupção nos negócios públicos: ética, ciência da administração e direito

Marlene Kempfer; Beatriz Miranda Batisti

doi:10.5433/1980-511X.2017v12n2p273

Authors

Marlene Kempfer State University of Londrina (UEL)
Beatriz Miranda Batisti State University of Londrina (UEL)

DOI:

https://doi.org/10.5433/1980-511X.2017v12n2p273

Keywords:

Business ethics, Interdisciplinary studies, Administration Science and Law, Anti-corruption law.

Abstract

This research emphasizes the importance of interdisciplinary knowledge within Ethics, Administration Science, and Law, with the objective of magnifying the importance of the subject of compliance in face of the many corruption scandals of state-owned companies. This research is limited, at this moment, to the presentation of categories in the field of ethics, business management, and law in relation to the adoption of integrity programs in corporate management as outlined by laws 12.846/13 (anticorruption law) and 13.303/16 (law for state-owned enterprises). Integrity programs are important tools for a company´s internal control as it stimulates the formation of an ethical organizational culture. Considering the scope, in present-day society, of the innumerous acts of corruption in government and state-owned companies, these laws work to trace not only a traditionally and legally sanctioning path but also establishes positive norms, which help to reinforce positive actions since the former does not always achieve the objective of inhibiting or discouraging such malign practices. Nevertheless, these laws introduced norms in the Brazilian legal system that incentivize (i) the implementation of compliance programs by private companies who negotiate with public authorities; and the (ii) adoption of this style of management by state-owned companies. In conclusion, this research sustains that the previously mentioned areas can and should interconnect because they contribute in preventing corruption by public and private entities.

Author Biographies

Marlene Kempfer, State University of Londrina (UEL)

He holds a law degree from the Faculty of Law of Curitiba, a master's degree in State Law from the Pontifical Catholic University of São Paulo and a doctorate in State Law from the Pontifical Catholic University of São Paulo. She is currently a professor at the State University of Londrina, working in graduation, specialization and Master in Business Law. He works in the area of Public Law, with emphasis on Tax, Administrative and Constitutional Law.