Programas de compliance e poder diretivo do empregador no paradigma do estado democrático de direito: limites e aspectos práticos

• Ano de defesa: 2018
• Autor(a) principal: Brandão, Felipe Gondim
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Centro de Ensino Unificado do Distrito Federal; Brasil; Coordenação da Pós-graduação Stricto Sensu; Mestrado em Direito das Relações Sociais e Trabalhistas; UDF
• Palavras-chave em Português: Compliance; Poder diretivo; Estado Democrático de Direito; Diretos Fundamentais; 6.01.03.03-5 Direito do Trabalho
• Link de acesso: https://repositorio.cruzeirodosul.edu.br/handle/123456789/797

The present work aimed to evaluate the creation of mechanisms and procedures for the prevention, detection and remediation of illicit conduct, as well as the self-regulation of companies by adoption of compliance programs, as an expression of the employer directive power, and the boundaries existing in the lately constitutional order that consolidates the paradigm of the Democratic State of Law. It seeks to show the international and Brazilian normative scenario focused on the fight against corruption, identifying Conventions and international norms dealing with this subject and that inspired Brazil in the edition of acts at the domestic law level, to deal in the sequence of the Anti-Corruption Act, which establish the administrative and civil responsibility of legal entities for the acts against public administration, national or international. The Brazilian legal system adopted a structure of economic incentives so can companies apply measures and mechanisms of integrity, in a preventive and precautionary perspective, breaking the tradition of penalizing agents, individuals, involved in ethical detours. In this context the compliance programs are inserted as an instrument of corporate governance in companies in accordance to which the concept, normative basis and structuring elements are presented. Based on the knowledge that the integrity programs constitute a policy of self-regulation in the organization of the labor in companies, it is established an identification with the employer directive power, whose concept, foundation and juridical nature are presented and whose practice founds boundaries in the State Constitution, which recognized the paradigm of the Democratic State of Law, and in the labor fundamental rights, in its horizontal effectiveness. In view of this scenario, practical aspects and possible areas of collision between the rules defined in the integrity policy, the measures adopted by the company and the labors rights are faced, so, in the end, it can be demonstrated that the pretension in the combat against corruption does not exhaust the normative content of the fundamentals labor rights, limit of the intra-company power.