Da governança corporativa à governança administrativa : intersecções entre o programa de compliance privado e público no Brasil.

Abstract

In this dissertation, we investigate the interaction between Corporate Governance and Administrative Governance, with a focus on Compliance programs in the Brazilian context. Amid a complex scenario of democratic delegitimization, the goal is to establish a dialogue between these approaches to enhance integrity in both public and private management, restoring citizens' confidence in institutions, and consequently, democratic legitimacy. Adopting a hypothetical-deductive approach, the research combines doctrinal studies, normative analysis, and exemplary case analysis. We seek to understand the variations, challenges, and convergences of Compliance programs, aiming to formulate an effective integrity model capable of addressing the legitimacy deficiencies affecting institutions in the public and private sectors. Starting from the recognition of weaknesses in institutional and democratic construction, particularly in the Brazilian public administration and corporate entities, we inquire about the potential of Compliance tools to enhance integrity in both domains and, consequently, democratic legitimacy. Simultaneously, we examine the impact of applying these tools in Corporate Governance on the integrity system of public administration. A central hypothesis of this study is the feasibility of improving integrity in both public and private management through the proper use of Compliance tools, expanding their democratic legitimacy. However, to make this premise a reality, it is essential to develop integrity and compliance protocols applicable to Administrative and Corporate Governance, ensuring an essential level of institutional ethics. We employ an analytical approach, focusing on legislation related to integrity in both the public and private sectors, as well as the theoretical foundations of governance. The analysis of practical cases helps identify weaknesses, progress, and challenges faced by integrity programs, contributing to the formulation of a robust solution to ethical and legitimacy issues. This dissertation is relevant in a context of increasing demand for integrity in institutions, addressing issues of institutional insecurity, ethics, and legitimacy. By exploring Administrative and Corporate Governance, with a focus on Compliance, the research seeks to contribute to solutions that strengthen democratic representation.