Post by account_disabled on Oct 19, 2023 1:14:09 GMT -5
The first law on Compliance was the FCPA, which emerged in 1977, which aimed to combat corruption in the United States.
In the case of Brazil, the various corruption scandals that brought about the need for Compliance.
In the 90s, the first Compliance standards were Brother cell phone list created and were imported from multinational companies.
The creation of Anti-Corruption Law No. 12,846 of 2013 and Decree Law which were major milestones in Compliance in Brazil.
It provides for the administrative and civil liability of legal entities for carrying out acts against the public administration, national or foreign.
Compliance and the Brazilian Anti-Corruption Law
Prior to the Anti-Corruption Law, legal entities that were caught in situations of this nature were punished only by being prevented from participating in public tenders and from concluding contracts with the Public Administration, through suspension or declaration of unsuitability.
With the creation of Law better known as the Anti-Corruption Law or Clean Company Law – hope for a more ethical society was renewed.
The Anti-Corruption Law is innovative in providing objective liability in the civil and administrative spheres for corporations that commit illegal acts.
In this context, the law expresses that the company is responsible regardless of fault, upon proof that such acts were carried out in its interest or benefit.
In response to an international inclination, the Anti-Corruption Law fills a gap in Brazilian legislation by reaching the corruptor's company, extending the punishments of employees involved in corruption crimes to the companies in which they work.
In addition to objective liability, the Law also has exorbitant fines that can even lead to the bankruptcy of a company.
We can highlight fines of up to 20% of the company's gross annual revenue. If there is no possibility of carrying out this fractionation, the penalty ranges from R$6 thousand to R$60 million reais, depending on the size and value of the company.
What are the advantages of being in Compliance ?
Adopting a Compliance Policy brings a series of benefits that go beyond Anti-Corruption Law Protection for companies in any market sector and size.
Investing in good Compliance practices mitigates the company's risks against financial losses and legal proceedings.
The Anti-Corruption Law provides that even when acts are committed by employees, the company is responsible.
In this scenario, it is essential to reevaluate the behavior of employees and partners.
The Labor Compliance Policy covers, among others: discriminatory conduct; moral harassment; corruption; anti-union conduct; and relationship between managers, employees and service providers, reducing possible labor liabilities.
Improvement of the business environment and consequent increase in labor productivity.
A company that complies with all standards provides much more security to its employees, as they have the guarantee that all their rights – salary, benefits and good working conditions – will be respected.
Secondly, a good Compliance program usually brings other benefits to companies such as better organization of processes, making the company more attractive to work for. Consequently, it brings more satisfaction to employees, making them produce more and better.
Competitive advantage by placing yourself ahead of market competitors
It is increasingly common for companies that have already signed up to an effective Compliance program to only interact with companies that also have an Integrity Program. In this context, the existence of an Integrity program becomes one of the requirements for selecting suppliers, service providers and subcontractors.
In the case of Brazil, the various corruption scandals that brought about the need for Compliance.
In the 90s, the first Compliance standards were Brother cell phone list created and were imported from multinational companies.
The creation of Anti-Corruption Law No. 12,846 of 2013 and Decree Law which were major milestones in Compliance in Brazil.
It provides for the administrative and civil liability of legal entities for carrying out acts against the public administration, national or foreign.
Compliance and the Brazilian Anti-Corruption Law
Prior to the Anti-Corruption Law, legal entities that were caught in situations of this nature were punished only by being prevented from participating in public tenders and from concluding contracts with the Public Administration, through suspension or declaration of unsuitability.
With the creation of Law better known as the Anti-Corruption Law or Clean Company Law – hope for a more ethical society was renewed.
The Anti-Corruption Law is innovative in providing objective liability in the civil and administrative spheres for corporations that commit illegal acts.
In this context, the law expresses that the company is responsible regardless of fault, upon proof that such acts were carried out in its interest or benefit.
In response to an international inclination, the Anti-Corruption Law fills a gap in Brazilian legislation by reaching the corruptor's company, extending the punishments of employees involved in corruption crimes to the companies in which they work.
In addition to objective liability, the Law also has exorbitant fines that can even lead to the bankruptcy of a company.
We can highlight fines of up to 20% of the company's gross annual revenue. If there is no possibility of carrying out this fractionation, the penalty ranges from R$6 thousand to R$60 million reais, depending on the size and value of the company.
What are the advantages of being in Compliance ?
Adopting a Compliance Policy brings a series of benefits that go beyond Anti-Corruption Law Protection for companies in any market sector and size.
Investing in good Compliance practices mitigates the company's risks against financial losses and legal proceedings.
The Anti-Corruption Law provides that even when acts are committed by employees, the company is responsible.
In this scenario, it is essential to reevaluate the behavior of employees and partners.
The Labor Compliance Policy covers, among others: discriminatory conduct; moral harassment; corruption; anti-union conduct; and relationship between managers, employees and service providers, reducing possible labor liabilities.
Improvement of the business environment and consequent increase in labor productivity.
A company that complies with all standards provides much more security to its employees, as they have the guarantee that all their rights – salary, benefits and good working conditions – will be respected.
Secondly, a good Compliance program usually brings other benefits to companies such as better organization of processes, making the company more attractive to work for. Consequently, it brings more satisfaction to employees, making them produce more and better.
Competitive advantage by placing yourself ahead of market competitors
It is increasingly common for companies that have already signed up to an effective Compliance program to only interact with companies that also have an Integrity Program. In this context, the existence of an Integrity program becomes one of the requirements for selecting suppliers, service providers and subcontractors.