A corrupção empresarial como violação aos direitos humanos

Abstract

This work aims to undertake a critical study of corruption and its disastrous consequences for human rights, in a lato sensu conceptual perspective, with the purpose of evaluating its reflexes and repercussions in the fields of fundamental rights. Initially, care was taken to provide a study on the inevitable relationship between economic activity and human rights, considering the characteristics of the modern world and economic globalization, emphasizing corporate social responsibility and visiting the commitments made by Brazil in the international order, evidencing the characteristic of humanist capitalism present in the Brazilian Federal Constitution. Using the deductive method in the analysis of renowned bibliography, including in comparative law, and the inductive method from the assessment of concrete cases, such as Operation Mani Pulite and Operation Lava Jato, always from the perspective of human rights violations and their consequences. Considering the reality of the power of transnational corporations and the violation of human rights resulting from corruption, it finally studied the mechanisms for confronting this practice, evaluating the results of the leniency agreement, awarded whistleblower. It also scientifically considered the alternative of regulated corporate self-regulation, called compliance, also presenting the critical arguments to this measure, evidenced by greenwashing and bluewashing, compromising criminal compliance, suggesting, as a way of strengthening the State and preserving its sovereignty, the accountability of the legal entity, both from a civil perspective, as well as in the criminal scope, studying in comparative law the foreign experience in the implementation of this mechanism and its effects.