Detalhes bibliográficos
Ano de defesa: |
2022 |
Autor(a) principal: |
Marchioni, Guilherme Lobo Bassanello
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Orientador(a): |
Serrano, Pedro Estevam Alves Pinto
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Banca de defesa: |
Não Informado pela instituição |
Tipo de documento: |
Dissertação
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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
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Departamento: |
Faculdade de Direito
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País: |
Brasil
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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://repositorio.pucsp.br/jspui/handle/handle/30925
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Resumo: |
Law 12,846/2013, known as the Anti-Corruption Law, is perceived as a milestone in the so-called fight against corruption, and it was from its text that Brazil established sanctions aimed at legal entities for various acts identified as corrupt practices by the field of administrative law. sanctioning, although the logic is similar to Criminal Law. Along with the provisions on the strict liability of legal entities in the administrative and civil scope, and the mention of the criminal liability of individuals involved in the corresponding illegal acts, the law also brought defined parameters to delimit the activity of Compliance, under the name of Programs of Integrity. In this sense, the present research has as its object of study the liquid authoritarianism and anticorruption, bringing notes on exceptional measures lurking in the norm of combat and prevention of harmful acts to the public administration. Therefore, the proposal refers to the analysis of the norms that deal with the crime of corruption, as legal instruments to conform political agents and private entities to a desired administrative morality, considering that the confrontation of the crime and the control by the State of conducts corrupt is absolutely necessary. Hence the relevance of understanding how legitimate authority degenerates to become tyranny, identifying how authoritarianism is presented in politics and the mechanisms used for its realization. Therefore, the present research seeks to study authoritarianism and the State of exception, the nuances of the Anti-Corruption Law, as well as the exception lurking in the anti-corruption formulas itself |