LexCult (Oct 2019)
COMPLIANCE NA ADMINISTRAÇÃO PÚBLICA: UMA ANÁLISE CRÍTICA SOBRE A NATUREZA DO INSTITUTO NO SETOR PÚBLICO DIANTE DE OUTROS MECANISMOS DE CONTROLE
Abstract
Brazilian society has, in recent years, undergone changes in the way it fights corruption in the public and private sector, especially after the condemnation of the highest ranking public agents in the country with “Mensalão” case and the recent “Lava Jato" operation. In this sense, the country's legislation accompanied the movement of society and brought to the brazilian legal system the compliance institute. Therefore, this article aims to analyze how compliance programs applied in the public sphere can help the public entity in the fight against corruption in its organs and in the public service. In addition, the article presents a critical analysis of the implementation of these programs within a context that is already governed by rules of conduct, including constitutional, risk control and prevention mechanisms.
Keywords