Pressupostos da responsabilidade administrativa objetiva na Lei Anticorrupção

Abstract

The elaboration of legal and normative mechanisms to fight corruption is a fact that is necessary in the international scenario today, being the subject of discussions, forums, and commitments between countries. The traditional responsibility of individuals proved to be insufficient to contain the expansion of corrupt practices, especially involving foreign public authorities, a fact that led to the focus on corporate responsibility. In this wake, after the signing of international commitments, coupled with the popular demand for an administration committed to administrative morality, Law No. 12,846, of August 1, 2013, commonly referred to as the Anti-Corruption Law, was published, which provided for the prediction of strict liability administrative and civil status of legal entities that perform acts that are harmful to national and foreign administration. Hardly criticized by a considerable part of the doctrine, the accountability regime on screen deserves an in-depth analysis of its requirements, scope, and the possibilities of exclusions, with the scope of giving the objective accountability of legal entities an interpretation compatible with a sanctioning regime. In addition, it seeks to critically analyze the provisions regarding compliance programs, which can mitigate, but not exclude, the strict liability of legal entities provided for in the Anticorruption Law. Thus, the primary objective of the research is the study of the peculiarities and scope of strict administrative liability arising from the practice of harmful acts typified in the aforementioned law.