O COMPLIANCE E SUAS POSSIBILIDADES TRANSFORMADORAS PARA UM AGIR DE GESTÃO PÚBLICA SUSTENTÁVEL E DESENVOLVIMENTISTA

Abstract

ABSTRACT: The fight against corruption and clientelist practices took on remarkably important contours with their incorporation to the 2030 Agenda, as well as to the Global Compact, both of the United Nations, with the debates not limited to the criminal sphere, exposing analysis on the scope of the problem even for the credibility and institutional stability of the States, internally and externally (as public credit lato sensu), in addition to the pressing need to confront it, under a political and economic bias, by the reduction of extreme poverty, unemployment and social inequality, including in a concerted manner – that is, closing popular participation, social control (also called vertical accountability) and a dialogical process, through which conflict solutions come about –, in order to promote the common good – that is, the realization of the full potential of human personality – which, in the constitutional context of the Country, is seen as sustainable development. Indeed, new tools have been considered to address this multi-causal evil and, based on international experience, compliance emerges as an important ally in the search for a new dynamic and resilient risk management concept. Initially aimed at promoting legitimate practices before the legal system in the business sphere for interna corporis relations and with third parties, the institute is increasingly gaining supporters and advocates of its incorporation into the public sector in Brazil, given that it is necessary to reformulate some aspects of national public management, focusing it on sustainable development with reduction of systemic risks, maxime in light of recent scandals which, it is worth repeating, even call into question the institutional stability of the State. Thus, the critique puts itself back to establishing the definition to be adopted as to what is conceived as compliance, through a brief understanding of its emergence and application, in addition to the analysis of its structure in the national legal system. Furthermore, it seeks to discuss how it can and is currently implemented in Brazil and how its structuring content can adapt to the public sector and redefine the way in which the Public Administration operates and is seen by citizens; in such a way, in a strict summary, the aim is to analyze to what extent compliance can modify the Brazilian state public machine, giving it new features, updating it to the good management practices required by contemporary society in risk reduction. The research, therefore, adopting the historical-deductive method, is founded on the basic doctrinal lessons, as referred to these proposed adjustments, through the technique of bibliographic and documentary approach of a conjunctural nature, consonant with a specific methodology of an interdisciplinary study that involves themes of Economy and Public Administration and its treatment by Administrative and Constitutional Law, especially due to the specific and singular character of an analysis that allows verifying possibilities of gradual redefinition of directions, features and proposals to the Brazilian public sector so that it becomes truly developmental and founded on sustainable bases.