Compliance público como instrumento garantidor do princípio anticorrupção nas licitações dos conselhos de fiscalização profissional

Abstract

The present work aims to carry out an analysis of the application of compliance as a tool for guaranteeing and respecting the anti-corruption principle, on the part of the professional inspection councils, especially when carrying out contracts and acquisitions. It starts with an analysis of corruption in the entire international system and the Anticorruption Principle as an intrinsic response to inhibit such practices and how it is revealed in the Brazilian legal system and in other parts of the world. From the legislative analysis, which has not been exhausted, it is clear that one of the ways of guaranteeing this anti-corruption principle would be the implementation of a Governance system, structured on transparency, accountability and compliance. The study goes on to deepen the Compliance institute, with a brief history, conceptualization, characteristics and the disposition in the Brazilian legislation as: "integrity". It is reported how such an institute is seen by the Courts of Accounts and how the actions are implemented in Public Procurement. From then on, an overview of the Professional Supervisory Boards is made and the possibility of implementing Compliance Programs and the use of their elements in the bids made by these municipalities is discussed, in order to inhibit corruptive acts and show that with this mechanism the anti-corruption principle can be guaranteed.