A lei e a prática do whistleblowing no Brasil: governança, proteção ao denunciante e combate à corrupção

Abstract

This paper addresses the breakdown of state borders due to the phenomenon of globalization and the economic blocs of the market as the main influencers of the modern era, which has formed new groups of corporate power, and, with this, has underpinned problems such as corporate crime. This study summarizes the response to this phenomenon in the legal field, firstly, understanding the illicit acts committed by legal entities as criminally relevant actions, so that criminal policies for prevention and sanctioning their agents could be proposed. It points out the correct understanding of the integration of whistleblowing in compliance programs as a set of preventive measures, adaptation, strengthening and operation of internal controls, emerging as new trends, demonstrating the relevance and currentness of this work. To this end, after constructing bibliographical research, doctrinal support and interviews, it proposes a contribution to the discussion and understanding of governance, integrity and ethics, in order to mitigate risks associated with behavioral deviations and other undesirable conduct. In conclusion of this thesis, it is clear that the implementation of an integrity program within companies formalizes the ethical commitments of private institutions with their stakeholders and contributes to the consolidation of a socially responsible organization in view of the open nature of economic standards, which aim to encourage the corporate environment to act in an ethical and transparent manner, with internal control means that prevent the criminal prosecution of a given company or financial institution through the advance assessment of risks and possible liabilities in the event of an illicit act, ensuring that they comply with current laws before the actual harm to legal assets.