ln the combat of corporate corruption, how the law can encourage the compliance's effective implementation?

No combate à corrupção empresarial, como incentivar normativamente a implementação efetiva do compliance?

Abstract

This article is based on two hypotheses to analyze the structure of incentives in the implementation of compliance, both related to the parameters of liability established in Statute 12.846/2013. In describing the variables of the problem, which focus on a legislative and institutional delineation of the anti-corruption phenomenon, in the second phase we will look for legal incentives for adherence to integrity programs in brazilian business organizations. In the end, we propose a legal incentive that perpasses by the "interpretation according to the Brazilian constitution" of the companies' legal in the Statute 12.846/2013, according to DAU (direct action of unconstitutionality, ADI in Portugueses) case 5.261, in progress in the Federal Supreme Court.