O papel do compliance anticorrupção como instrumento de delimitação de responsabilidades e de mitigação de riscos

Abstract

This article discusses the role of anti-corruption compliance in mitigating the risk of sanctions by the so-called Anti-Corruption Act (Federal Law 12.846/2013). In establishing administrative sanctions independent of judicial conviction, this law reduces the damage of acts of public corruption, the alternative to criminal proceedings avoiding that passing deadlines hampers redress. However, it provides for the possibility of reducing penalties for firms that demonstrate internal mechanisms and procedures for integrity, auditing and incentive to report irregularities, in addition to effective application of codes of ethics and conduct. After contextualizing the norm, it is sought here to define the extent to which anti-corruption compliance, in addition to preventing illicit acts, may lead to reduction of sanctions against the firm and even to remove the criminal responsibility of its administrators.