Programa de conformidade na administração pública e sua aplicabilidade no poder judiciário: uma análise dos tribunais estaduais e federais

Abstract

Compliance and risk management programs are important tools in the public sector, especially after numerous cases of corruption, embezzlement, cartel training and money laundering with the public machine. Recently, the Brazilian public administration is making compliance in its administrative structure through laws, ordinances and decrees managed by administrative control and management bodies. This dissertation had as object of study the compliance tools in public administration with emphasis on the Judiciary in State and Federal Courts throughout the country. To this end, the following problem question was asked: would the applications of compliance protocols be efficient and sufficient for the identification and resolution of corruption in public administration? In the methodological scope, descriptive and documentary research was chosen, with analysis of data, public archives, and legal documents, including questionnaires conducted in 27 State Courts of Justice and the 5 regions of the Federal Regional Courts. The theoretical foundation was supported by authors who conceptualize, approach, and analyze corruption of original character up to public corruption with emphasis on the theory of Bond Capitalism and the Permanent Accumulation of Capital, a situation that configures the exchange of favors between the public and the private one for practice against society practiced from the middle ages to the present day. It is concluded that there are efficient mechanisms for combating corruption, but unfortunately, they are not enough since the option of doing corrupt acts or not refers to the virtus of each individual