Corrupção, ética governamental e corporativa: uma visão geral do progresso no direito comparado e no Brasil

AutorMohamed Abdelhamied Ahmed Abdou Arafa, Denise Bittencourt, Janriê Rodrigues Reck
CargoAssistant Professor of Law at Alexandria University Faculty of Law (Egypt)/Professor of the Postgraduate Course in Law, Master's, at the University of Santa Cruz do Sul. Attorney/Professor of the Master and Doctorate at the University of Santa Cruz do Sul
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Corruption, government and corporative
ethics: an overview view of progress
in comparative law and in Brazil
Corrupção, ética governamental e corporativa: uma visão
geral do progresso no direito comparado e no Brasil
Denise Bittencourt¹
Janriê Rodrigue s Reck1
Mohamed Abdelhamied Ahmed Abdou A rafa2
¹University of Santa Cruz do Sul, Santa Cruz do Sul, RS, Brazil.
2Cornell Law School, Ithaca, NY, EUA.
Abstract: This work deals w ith on the overview of private cor porate governance
again st corruption, as well as government in itiatives to repress th is phenomenon.
The research problem can be formu lated as follows: what are the g uidelines esta-
blished to cha racteri ze institutional cor ruption and its treatment in Brazi l and in
the world, both in t he public and private sectors? The hy pothesis is that there are
numerous ways of observing corruption, as well as initiatives to deal wit h cor-
ruption, as wel l as, again, ways to avoid the i mplementation of these guidel ines.
The work is justi ed in view of the social relevance of the issue of corporate and
governmental ethics, as well as the need for Law to work on these theme s.
Key words: Corruption. Corporate gover nance. Law. Corporative corruption
Resumo: Este trabal ho trata do panoram a da governança cor porativa privada cont ra
a corrupção, b em como das iniciat ivas governamenta is para reprim ir esse fenôme-
no. O problema de pesquisa pode ser formulado da seguinte for ma: quai s são as
diretr izes estabelecid as para caract erizar a corr upção instituciona l e seu tratamento
no Brasil e no mu ndo, tanto no setor públ ico quanto no pr ivado? A hipótese é
que existem inúmeras formas de obser var a corrupção, diferentes iniciativas para
lidar com a cor rupção e formas de evit ar a implementação dessas diretr izes. O
trabal ho se justica diante da relevância social da quest ão da ética empresarial e
governament al e em face da necessidade de o Direito trabalhar esses tema s.
Palavras-chave: Corrupção. Governança Corporativa. Direito. Corrupção cor-
This work aims to provide an overview of the approach and
initiatives on corruption in Brazil and in the world. Therefore, the
following research problem is established: what are the guidelines and
general lines that can be established for the normative treatment of
corruption and public and corporative ethics in Brazil and in the world?
Ethics management globally is a swiftly growing reality with
various countries placing substantial emphasis on anti-cor ruption
initiatives. International org anizations, including the United Nations
(“UN”), Transparency International (“TI”), and the Organization
for Economic Cooperation and Development (“OECD”) have cre-
ated a number of anti-corruption creativities, for instance, the UN,
promulgated an International Code of Conduct for Public Ocials
in 1996 (K, 19 96).
Moreover, the United Nations International Centre for Crime
Prevention has established an Anti-Corruption Tool kit to ‘help U.N.
Member States and the public to understand the insidious nature of
corruption, the potential damaging eect it can have on the welfare
of entire nations and suggest measures used successfully by other
countries in their eorts to uncover and deter corruption and build
integrity (C; M, 1999). In the same vein, TI, the only glo-
bal non-governmenta l organization dedicated to battling corruption,
seeks via education and information to dishearten corrupt activities
and fraudulent performances as well as foster integrity and liability
to achieve better governance (G; L, 2000).
According to the UN Code of Conduct, public ocials shall
guarantee that they accomplish their obligations and functions pro-
ciently, commendably and with integrity, in accordance with legal
statutes and adm inistrative strategies (D, 2008). They shall at
all times pursue to conrm that public resources and government’s
funds for which they are accountable are managed in the most ope-
rative and well-organized way (K, 2000).
Furthermore, they shall be observant, fair, and impartial in
functioning their tasks, particularly, in their relations with the gene-
ral public, as they shall aord any excessive favored behavior to any
group, entity, or individual or inappropriately discriminate against
anybody, or otherwise misuse the power and authority conferred to
them, and committing the peddling inuence’s crime (E,
1999; C et al., 1997). Thus, an inclusive attit ude to transpa rency,
accountabilit y, and implementing a range of responsibility’s advocates,
democratic, judicial, media, and civil society is requested (H,
2000; K, 1999).
In addition, The OECD have long history in the front of en-
dorsing good governance. That OECD was involved in pushing
forward the 1997 Anti-Bribery Convention that is the rst universal
device to combat corrupt acts in cross-border business transactions
(C, L , 1999). Also, OECD approved a proposal to advance
ethical conduct in the public service that encompass “Principles for
Managing Ethics in the Public Ser vice,” as these norms are intended to be
a reference point for state members when merging the fundamentals
of an active ethics management system in line with their personal
political, managerial, and cultural settings. Ethical laws and codes
of conducts are extensively used apparatuses in the universal moral
values supervisor’s toolbox1.
1 For example, i n Brazil, the P ublic Ethics Com mittee was es tablished in 1999 to en dorse
ethica l behavior in the feder al executive bra nch. It is responsible for t he implementation
of Ethics M anagement I nternat ionall y. The Federal Cod e of Conduct of Hig h

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