Avanços normativos da Lei n° 12.846 e sua norma regulamentadora na prevenção da corrupção no âmbito empresarial.

Abstract

This monographic work deals with the "normative advances of Law n° 12.846 and its regulatory norm in the prevention of corruption in the corporate sphere". On August 1, 2013, Law n° 12.846, popularly known as the Anti-Corruption Law or Clean Company Law, arises as a result of strong international pressure in the face of globalization and a society that is unhappy with the worrying corruption. From this study, it is intended to address the main normative innovations brought by this law along with its regulatory norm, thus clarifying how these innovations affected the activities of legal entities in Brazil - resulting in a real prevention to the practice of corruption. It begins with a brief historical analysis of the origin of the Anti-Corruption Law at the international and national levels, pointing out its real need and benefits. Afterwards, it analyzes, with a critical and informative bias, the main provisions of the Anti-Corruption Law and its regulatory norm, emphasizing its normative advances in the prevention of corruption in the corporate sphere. Lastly, the main mechanisms currently used and of paramount importance in the prevention of corrupt acts will be analyzed - leniency agreement, compliance program, national registry of unsuspecting and suspended companies and National register of companies punished. In light of the recent literature, it is intended to analyze the application of the Anti-Corruption Law and its regulatory norm in the daily life of Brazilian companies. For this, the methodology of bibliographic research is used, basically consisting of the reading, writing and analysis of the practical application of the normative illustrated by several authors of the Law.