Fundamental rights as a compliance tool in criminal proceedings

• Main Author: Oliveira de Castilhos, Tiago
• Publication Date: 2022
• Format: Article
• Language: por
• Source: Repositórios Científicos de Acesso Aberto de Portugal (RCAAP)
• Download full: https://doi.org/10.29073/j2.v5i1.624
• topic: Direitos Fundamentais; compliance; Código de Ética; Juiz; Compliance Officer; Fundamental Rights; Compliance; Code of Ethics; Judge; Compliance Officer

It is verified, throughout the professional practice, in the criminal procedure, disrespect for fundamental rights, for example: the right to freedom of the defendant submitted to the criminal process. This is because a first instance case-law procedure was institutionalized to later determine the criminal fact by applying preventive detention without (re)analyzing it, without verifying the need to maintain it within 90 (ninety) days. The Compliance Officer, as an investigator involved in the solution of the problem generated by certain corrupt practices in/of the Corporation, must not seek a solution to the problem without guaranteeing the fundamental rights of the investigated employees, such rights being among many, as is known, the Code of Ethics to be complied with as responsible for the audit. The work aims, without exhausting the subject of course, to demonstrate that fundamental rights are daily injured in Brazil, especially with regard to the criminal sphere such as the right to freedom, but also in the private sphere, such as the right to privacy of the ones administratively investigated. Discussing whether or not fundamental rights are ethical standards to be followed by the State and Corporations in order to guarantee freedoms is the purpose of the text.