Análise da corrupção com ênfase na nova lei anticorrupção empresarial (Lei nº 12.846/2013)

Abstract

The phenomenon of corruption is analyzed through an approach in several areas of human knowledge, especially philosophy, history, politics, sociology and anthropology. Corruption is also analyzed in the legal area from an international and national perspective, emphasizing the examination of the Anti-corruption Law, Law number 12,846/2013. This new law is appreciated in its most relevant details, indicating even the context in which it was produced. Moreover, the discussions about the constitutionality of this rule are analysed, presenting the Direct Action of Unconstitutionality number 5261 filed by the Social Liberal Party, PSL, on 11 March 2015. The arguments and counter-arguments of this unconstitutionality process are observed. The constitutionality of other points of this law is analyzed. The methodology for this work uses the research of books and scientific articles about the subject, the examination of the National Congress’ documents for the creation of the Anti-Corruption Law, the study of the case of ADI 5261 and the research of draft laws that deal with the theme of corruption in the Nacional Congress’ site. This research indicates that corruption is a phenomenon in which people seek to satisfy their own interests at the expense of the collective good. Moreover, it is concluded that the new Anti-Corruption Law is formally and materially constitutional, which is coherent not only with the Constitution, but also with international agreements ratified by Brazil. Finally, it is highlighted that Law number 12,846/2013 is a response from Brazil to national and international social expectations that the country fight corruption at all levels of power in Public Administration.