Políticas públicas e privadas para o combate à corrupção em face da Lei 12.846/2013 : o acordo de leniência como política pública para combater a corrupção instalada e o compliance como política privada para evitar práticas corruptivas no ambiente empresarial.

Abstract

This thesis has as central theme the conditions and possibilities of the Brazilian Anti-Corruption Law, in relation to the Leniency and Compliance Agreement, in order to confront the corruption, as public and private policies, complementary to each other, in fighting the corruption. In accordance with the provisions of the Federal Constitution of 1988, there is a need to combat corruptive practices, to guarantee public ethics, administrative morality and the fundamental right to Good Government. It is based on efficient and rational codes of public ethics, which base the prevention and punishment of corruptive practices in public administration. Public ethics is one of the ways of ensuring Good Government practices, which put the citizens at the heart of decisions and guarantees their fundamental social rights. Administrative morality, foreseen as a constitutional principle, in number 37 article of the Federal Constitution of 1988 is different in both common and personal morality. It requires an ethical behavior from Public Administration, directly connected to public ethics, ensuring Good Government. By effectively preventing and punishing corruptive practices, based on efficient codes of public ethics, as an expression of administrative morality, reinforcing morality behavior in the public administration, it will achieve, as a consequence, the Good Government, understood as the one which takes into account fundamental social rights. The investigation has as general objective to verify if the determinations provided for by the Anti-Corruption Law produce effect in both state public and private policies, in the business area, in the form of Leniency and Compliance Agreement. With respect to the analysis and study of what types of public and private policies may be constituted from this Anti-Corruption Law in Brazil, to facilitate not only the investigation and determination of consequent liabilities but also to avoid illicit behavior, the Leniency Agreement is considered as a proposal of an efficient public policy to determine and punish already installed corruption and Compliance, as a proposal of private policy to avoid corruptive practices in the business environment, which complements the referred public policy, mainly when it is related to Public Administration. This research guiding issue is to know what conditions and possibilities of public and private anti-corruption policies, based on the Leniency and Compliance Agreement established in the Brazilian Anti-Corruption Law. To carry out the research in this bibliographic nature work, the approach method adopted in its development was the deductive. As procedure method, it was used the historical-critic that seeks to give time notion to the issue of the study. In terms of research technique, indirect documentation was used, with bibliographical references from both primary and secondary sources.