Detalhes bibliográficos
| Ano de defesa: |
2018 |
| Autor(a) principal: |
Silveira, Luciana Dutra de Oliveira
 |
| Orientador(a): |
Finkelstein, Cláudio |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
Brasil
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/21623
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Resumo: |
There is now an apparent worldwide trend to fight corruption through the adoption of the new generation of anticorruption laws, that is, domestic laws with extraterritorial reach that provide for legal responsibility to corporations for corrupt practices. In 2013, Brazil joined this movement with the adoption of the Clean Company Act. The entry into force of this legislation provoked criticism and concern, especially with regard to the tension between the underlying interests of the measure and its impacts. Considering that the new generation of anti-corruption laws focuses on corporate conduct abroad, it is clear the ability to impact international trade activities. This thesis addresses the possible impacts of the Clean Company Act to Brazilian international trade from the point of view of growth or fall in imports and exports flows, as well as the formulation of public policies and changes in the behavior of the private sector. Because it is a fairly recent regulation and due to the lack of convictions due to the practice of corruption abroad, the verification of the aforementioned impacts was done based on the study of the United States’ experience with the Foreign Corrupt Practices Act (FCPA). In light of the results regarding the adoption of the law and the imposition of FCPA enforcement actions, this thesis discusses the possible impacts of the Clean Company Act to Brazilian international trade. In summary, the thesis presents considerations regarding the future of Brazilian import and export flows in view of the new generation of anti-corruption laws, the challenges and the alternatives for the Brazilian government to achieve the objectives pursued with the aforementioned legislation, as well as the changes that will be promoted in the private sector conducts due to the new culture of compliance in international trade |
