Condições e possibilidades de constituição de políticas públicas a partir da experiência da Operação Lava Jato enquanto enfrentamento da corrupção envolvendo a responsabilidade da pessoa jurídica no Brasil.

Abstract

The research topic to be developed refers to corruption phenomenon involving companies and the Public Administration. A central multifaceted and historical problem imbricated with the concrete case called Lava Jato Operation in Brazil and its implications with Law no. 12.846 / 2014, Anti-Corruption Law, which emerged from the promotion of international organizations, in order to extract from this experience possibilities for the institution of public policies aimed at preventing and coping with corruption in the public environment in its relations with national and international legal entities. Nowadays, the corruption has been accentuated, producing a negative and impeding effect of conditions of human dignity in many social settings, having as paradigmatic event unequaled the scandal involving businessmen, politicians and other characters that have been unveiled through a historical investigation called Lava Jato Operation. The main problem of this thesis, therefore, is to verify, by means of an initial historical-sociological inflection, as well as the analysis of national and international regulatory, if, from the Law no 12.846 / 2013 it is possible to extract preventive and curative public policies to confront the phenomenon of corrupt practices in our country, taking as reference, for this purpose, the specific case called Lava Jato Operation. As a General Objective, it address the corruption phenomenological nature as a complex historical event within the social framework, institutional and interpersonal relations, especially considering the treatment it receives from the political and legal debate. From the contours that allow to define the phenomenon of corruption, seeks to identify the damping of the Brazilian society and state in order to determine the levels of immunization or contamination by the phenomenon of corruptive practices. The main objectives of the thesis consist in verifying which hegemonic and historical model prevails in Brazil when it comes to the accountability of individuals or legal entities for acts of corruption. It also aims to identify the international and national normative frameworks that deal with corruption as a legal and political problem to compare with the Brazilian reality. The objective is also to identify the conditions of possibility to avoid corruption, analyzing strictly the relations between legal entities and the Public Power, based on the paradigmatic case of Lava Jato Operation, in its comparison with the incipient normative decree of Law no. 12.846 / 2013. It also intends to develop, as a specific objective, the analysis of the instruments of material and procedural law and the other consequences arising from the Brazilian Corporate Anti-Corruption Law, that can serve as tools of public policies for preventive and curative control of corruption in the area of business relations with the public power, verifying to what extent they can generate public policy in this direction, especially from the study of the concrete case known in Brazil as Lava Jato Operation. This is in order to be able to conclude by the (in) existence of effective public policies in Brazil for the prevention and control of corruption, to turn to the pedagogical-preventive and curative-punitive combat of corruptive practices originated from business relations with the public power, the promotion of a public policy of this kind.