Lei anticorrupção: uma análise teórica das dificuldades de implementação

Abstract

Corruption brings a financial loss to any nation, because it removes public money designated for areas of relevant interest to society, like Health and Education, causing a decrease in public credibility and market competition. In this sense, to meet the need of fighting against corruption in Brazil, it was proposed Law number 12.846/2013, also called Anti-Corruption Act, which is important when it comes to the liability of legal entities for acts committed against national or foreign public administration, imposing harsh civil and administrative penalties. However, despite being of great value for the behaviour change in business field, it seems that the law hasn’t been taking all the effects expected, due to the difficulty of implementation. The present study aims to analyze the difficulties in the implementation of Law number 12.846/2013, focusing on the ambit of the states and in the lack of regulation. Also it will be used, throughout the study, graphics available in the portal of Ministry of Acting Transparency and Controller General of Accounts. Besides, it will also be explored the legal insecurity regarding the Leniency Agreements, which does not provide for participation of Public Prosecution. It will also be studied the implementation of this law in the Brazilian state of Espírito Santo, the first state to condemn on the basis of Anti-Corruption Act, it has a public department for transparency and accountability, called SECONT, which has a solid structure in order to fight against corruption.