East Academy

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Compliance entered the legal arena, especially the criminal legal arena, at the end of the last century, when it was seen as an important tool for containing and preventing economic crises such as those experienced in 2002 — Enron and— and 2008 — derivatives crisis. The expression has a well-known Anglo-Saxon origin, coming from the verb to comply , and basically means being in conformity with something. The pure and simple semantics extracted from the translation do not summarize, however, the phenomenon that is now being discussed, since, as already discussed by us, on another occasion [1] , the meaning that must be extracted from the word compliance refers to to the set of measures adopted by a business company in order to adapt to ethical and legal prescriptions, avoiding reputational and legal risks arising from business activity.


In Brazil, although it is possible to observe Paraguay WhatsApp Number List legal provisions on the subject since 1998 — Money Laundering Law —, the excitement surrounding the subject was boosted by the Anti-Corruption Law and the infamous “lava jet” operation, which uncovered several corruption schemes. and spurious relations between business and the political world.

Whether on the international or national scene, what should be kept in mind is that the notoriety of compliance is not, by any stretch of the imagination, associated with the pure and simple desire of business managers to want a better world without economic illicit activities. On the contrary, the advancement of the topic is the result of norms, both hard law and soft law , which provide it as a requirement for business self-regulation [2] . In this sense, as the institute's main purpose is business self-regulation with a view to complying with state regulations and, therefore, preventing illegal acts, it is important to investigate the minimum elements necessary for the correct functioning of the program that make it capable of preventing the occurrence of illicit acts and sanctions.



The premise that must be kept in mind, in relation to the establishment of the compliance program , is that its adequate implementation, through these intra-company processes, must respect the structure, scope, mission and values ​​of the business company, as well as the legal framework to which it is bound, so that there is no uniformity in the programs.

Although there is no ready-made formula for all compliance programs in companies, it is possible, based on legislative documents and recommendations from supranational bodies [3] , to establish pillars or basic requirements for structuring them, outlining what can be called of “general theory of the essential elements of compliance programs ”, in the terms that will be presented below.
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