Compliance e a administração pública: uma relação necessária ao estado brasileiro

The article explores the importance of implementing compliance programs in the Brazilian public administration as a means of promoting integrity, transparency, and efficiency in public management. It addresses the concept of compliance, its origins in the United States, and its evolution in the fight against corruption and mismanagement. The legislation establishes strict sanctions for illicit practices and encourages the adoption of preventive mechanisms. In addition, the article discusses the impact of compliance on corporate governance and public administration, mentioning relevant cases such as Mensalão and Operação Lava Jato, which reinforced the need for greater control and oversight. The use of technology, data analysis, and reporting channels is presented as a promising path to ensuring greater transparency and detection of irregularities. However, challenges still remain, such as cultural resistance to change, lack of resources, and the need for training public servants. In order to develop the work, in relation to the methodological aspects, the research is based on a monographic procedure, with the general objective of reviewing the literature and technical productions, being based on the qualitative mapping of the researched material, in a hypothetical-deductive approach in the study of legislation, especially the anti-corruption laws (n. 12.846), of state-owned companies (n. 13.303) and of access to information (n. 12.527). The article concludes that the continuous commitment of public managers, the integration of technology and inter-institutional cooperation are crucial for the success of compliance initiatives.

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Publication Details

Journal
Academia de Direito
Published
2024-12-18
DOI
https://doi.org/10.24302/acaddir.v6.5654
Citations
1
Primary Topic
Brazilian Legal Issues
Type
article
Field-Weighted Citation Impact
4.07
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article

Compliance e a administração pública: uma relação necessária ao estado brasileiro

Felipe Augusto Rodrigues Ambrosio, Michele da Silveira Schapieski
1 citations
Academia de Direito
Brazilian Legal Issues
4.07
article

Compliance e a administração pública: uma relação necessária ao estado brasileiro

Felipe Augusto Rodrigues Ambrosio, Michele da Silveira Schapieski
article en
1 citations

Abstract

The article explores the importance of implementing compliance programs in the Brazilian public administration as a means of promoting integrity, transparency, and efficiency in public management. It addresses the concept of compliance, its origins in the United States, and its evolution in the fight against corruption and mismanagement. The legislation establishes strict sanctions for illicit practices and encourages the adoption of preventive mechanisms. In addition, the article discusses the impact of compliance on corporate governance and public administration, mentioning relevant cases such as Mensalão and Operação Lava Jato, which reinforced the need for greater control and oversight. The use of technology, data analysis, and reporting channels is presented as a promising path to ensuring greater transparency and detection of irregularities. However, challenges still remain, such as cultural resistance to change, lack of resources, and the need for training public servants. In order to develop the work, in relation to the methodological aspects, the research is based on a monographic procedure, with the general objective of reviewing the literature and technical productions, being based on the qualitative mapping of the researched material, in a hypothetical-deductive approach in the study of legislation, especially the anti-corruption laws (n. 12.846), of state-owned companies (n. 13.303) and of access to information (n. 12.527). The article concludes that the continuous commitment of public managers, the integration of technology and inter-institutional cooperation are crucial for the success of compliance initiatives.

Academia de DireitoVol. 6
Universidade do Contestado (BR)
Openalex Percentile: Top 5%
Brazilian Legal Issues
4.07
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