Compliance: o novo diferencial competitivo

• Autor(a) principal: Almeida, Bianca Bertoloto de
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/26788
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Compliance; Programa de compliance; Governança corporativa; Lavagem de dinheiro; Anticorrupção; Defesa da concorrência; Gestão de risco; Diferencial competitivo; Compliance; Compliance Program; Corporate Governance; Money Laundering; Anti-corruption; Competition Defense; Risk Management; Competitive differential

The objective of the present study is the reflection on the importance of the adoption of compliance programs by the institutions, demonstrating that it can configure a true competitive differential in the current market. In order to do so, in a first moment the concepts of compliance and compliance programs were studied, as well as, their main characteristics, analyzing their connection with the institute of corporate governance. In continuity, was drawn up a history of the compliance evolution, as well as of the laws and treaties involving it at international level, further deepening in the evolution of the compliance in Brazil, analyzing the cultural and the corruption scenario in the country. Afterwards, we proceeded to a more in-depth study of the main legal instruments that deal with this subject in the national legislation, the Money Laundering Law, the Competition Law, the Anti-Corruption Law and other legal instruments, highlighting how each one collaborated, directly or indirectly, for the increase in the adoption of compliance programs by companies in Brazil. Then the institute was analyzed in front of the market, studying the compliance requirements imposed by it and by the economic agents among themselves, such as the appearance of contractual compliance obligations, as well as, its softened application for smaller companies, passing also to a brief study of the costs that the implementation of compliance can generate for the companies, being finally, performed an analysis of the various benefits that the compliance brings to the business activity, delimiting the reasons why compliance is becoming a differential in business competition