Compliance criminal na admistração pública

• Autor(a) principal: Machado, Anderson de Mello
• Data de Publicação: 2020
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_RS
• Texto Completo: http://tede2.pucrs.br/tede2/handle/tede/9575
• topic: Compliance Público; Programa de Integridade; Ética Pública; Corrupção; Controle na Administração Pública; CIENCIAS SOCIAIS APLICADAS::DIREITO

This paper deals with the implementation of Criminal Compliance in public administration in order to verify its compatibility and necessity. As an example, we start with three cases of crimes committed against public entities, in usual activities in the administrative area. So, it seeks to verify whether the previous existence of a criminal compliance program would have the potential to prevent the occurrence of crimes. The concept of compliance is worked on, its origins and its relationship with the private and public sphere. This paper also seeks to identify its objectives, fundamental elements and ways of measuring effectiveness. After, the general lines of the national public administration are traced, both in a principiological and organic way, as well as its model of control of good practices. Moreover, the interaction between public ethics, corruption and the need to establish a culture of compliance in public administration is analyzed. Finally, the compatibility and necessity of adopting a criminal compliance program in this sphere is discussed and the rules for the implementation of so-called integrity programs by the federal public administration are analyzed.