Explicit adoption of compliance by the direct public administration

• Autor(a) principal: Paiva Freitas, Daniel Paulo
• Data de Publicação: 2020
• Outros Autores: Blanchet, Luiz Alberto
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista do Direito Público
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/direitopub/article/view/38927
• topic: Direct Public Administration; Public Management; Compliance; Integrity; Sustainable Development.; Administração Pública Direta; Gestão Pública; Compliance; Integridade; Desenvolvimento Sustentável

Compliance and integrity measures produces rules that both public and private spheres must obey, such as detecting and punishing administrative conduct that is riddled with corruption, fraud, and legal deviations. Some of these conducts were initially stipulated and adopted by private entities, however, they were eventually implemented in the public sphere as a direct result of the constitutional principles held by the Public Administration, specifically article 37, of the Brazilian Constitution, which insure the principles of legality, morality, impersonality, efficiency, among others. Given this awareness, this study observes that the Public Administration began to issue rules implementing integrity practices at the federal level, in various sectors, particularly with Law nº. 13303/2016 and Ordinance nº. 1089/2018. Some states are following trend, as the cases of Law nº. 17715/2019, from Santa Catarina, and Law nº. 19857/2019, from Paraná. Finally, the paper does not intend to exhaust the subject matter, but instead tries to highlight the importance of public agents in Brazil’s constitutional foundation, as well as to promote debate in academia surrounding principles that favor the full and sustainable development of Brazilian society.