COMPLIANCE: (IN) APPLICABILITY AS A LEGAL INSTRUMENT TO COMBAT IMPROBITY IN BRAZIL

Abstract

THE THEME OF THIS PAPER IS "COMPLIANCE: (IN)APPLICABILITY AS A LEGAL INSTRUMENT IN COMBATING IMPROPRIETY IN BRAZIL." THE JUSTIFICATION FOR THIS RESEARCH STEMS FROM SOCIETY'S DESIRE FOR A TRANSPARENT, EFFICIENT, AND ETHICAL PUBLIC ADMINISTRATION. FURTHERMORE, IT IS JUSTIFIED BY THE LACK OF UNDERSTANDING AMONG PUBLIC OFFICIALS REGARDING THE USE OF THIS INSTRUMENT IN COMBATING IMPROPRIETY, AIMING TO PREVENT POTENTIAL NEGATIVE LEGAL CONSEQUENCES. THE GENERAL OBJECTIVE OF THIS RESEARCH IS TO VERIFY THE LEGAL POSSIBILITY OF APPLYING COMPLIANCE IN COMBATING ADMINISTRATIVE IMPROPRIETY, PARTICULARLY IN LIGHT OF THE CONSTITUTIONAL PRINCIPLE OF EFFICIENCY, AS WELL AS THE LEGAL CONSEQUENCES RESULTING FROM THE NON-UTILIZATION OF THIS MECHANISM. THE SPECIFIC OBJECTIVES ARE AS FOLLOWS: UNDERSTANDING THE EMERGENCE OF COMPLIANCE, DEFINING THE CONCEPT OF COMPLIANCE AND ADMINISTRATIVE IMPROPRIETY, EXAMINING THE PRINCIPLE OF EFFICIENCY, AND ANALYZING THE APPLICABILITY OF THIS MECHANISM IN COMBATING IMPROPRIETY AND THE NEGATIVE LEGAL CONSEQUENCES OF ITS NON-UTILIZATION. THE RESEARCH TYPE IS DESCRIPTIVE AND QUALITATIVE, UTILIZING METHODS SUCH AS LITERATURE REVIEW, DOCTRINAL RESEARCH, AND DOCUMENTARY ANALYSIS OF THE 1988 CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL, CURRENT LEGISLATION, AND OTHER DOCUMENTS RELATED TO COMPLIANCE. THIS STUDY HAS REVEALED THAT THE NON-UTILIZATION OF COMPLIANCE DOES NOT VIOLATE THE PRINCIPLE OF EFFICIENCY, AND THEREFORE, PUBLIC OFFICIALS CANNOT BE PUNISHED FOR ADMINISTRATIVE IMPROPRIETY ON THIS BASIS. HOWEVER, IN A BROADER SENSE, CONCERNING THE FIGHT AGAINST ADMINISTRATIVE IMPROPRIETY, THE MECHANISM PROVES FRUITFUL. FURTHERMORE, IT HAS BEEN OBSERVED THAT THE DISREGARD FOR COMPLIANCE-RELATED NORMS IN PUBLIC ADMINISTRATION LEADS TO LEGAL CONSEQUENCES IN THE ADMINISTRATIVE, CIVIL, AND CRIMINAL.