METHOD, TECHNIQUES, AND TOOLS OF COMPLIANCE INNOVATION AND THEIR CONTRIBUTIONS TO ECONOMIC CRIMINAL LAW

Abstract

The Self-regulation through programs such as Compliance has expanded its reach in environments where the complexity of economic relations and regulatory rigor demand more sophisticated control mechanisms. In this scenario, Brazil faces several challenges, such as: the non-acceptance of this mechanism, the lack of effective implementation within the corporate environment, and the emergence of "window-dressing Compliance," which compromises surveillance and the efficacy of internal norms.Therefore, this scenario makes the corporate environment more vulnerable to the risk of illegal activities, and it is at this moment that innovations in Compliance emerge, aiming to provide greater support in mitigating corporate crimes. In this sense, the present study proposes to foster an understanding of the relevance of using innovations in Compliance to guarantee exemplary corporate self-regulation. To this end, a qualitative and exploratory methodology with an inductive approach is used, aiming to analyze the available literature and provoke a critical debate on how Economic Criminal Law can be redefined through the integration of new paradigms and technological tools. The results reveal that the tensions between the rigidity of classic Economic Criminal Law and the need for efficiency in Compliance programs delegate the state's duty to solve the problem to the business sector. It is further concluded that, given the challenges presented, innovative strategies emerge, such as: the adoption of Whistleblowing, the execution of a culture based on restorative justice, the publication of compliance programs for transparency, the adaptation of Criminal Compliance to Brazilian law, and the transfer of crime prevention and investigation functions to private entities.