O compliance como instrumento de políticas públicas de integridade e de combate à corrupção na administração direta.

Abstract

The Decree No. 9203/2017, which provides for the governance of the federal public administration, provided for the implementation of compliance programs in the agencies, state, municipalities and foundations that make up the federal government in order to prevent, detect, punish and remedy fraud and acts corruption, with the institute referred to as an integrity policy mechanism. The main objective of this research is to investigate whether integrity programs, along the lines established by the Ministries of State, are capable of preventing corruption in the Direct Public Administration. To this end, the assessment was subdivided into two points: the first refers to the adequacy of the integrity programs to the pillars of public compliance, with thirty evaluation indicators being developed; the second, was designed to analyze the impact of integrity programs on the behavior of the public agent and on the administrative performance of accountability and correction, through the investigation of nine indicators. In addition, this analysis considered the United States' experience in implementing the ethics program in the Federal Executive Branch as a reference. Considering the undeniable influence of the American anti-corruption policy in Brazil and the time of implementation of compliance programs in the direct public administration of the Union, the first point of the evaluation was enriched from this reflection. The data that enabled the diagnosis of this work were collected through exploratory research. As a result, it was observed that the Brazilian integrity programs respected the essential guidelines of public compliance and adhered to 72.78% of the good practices defined in the survey, being well structured and with a defined flow to prevent corruption. On the other hand, they have not yet significantly impacted the behavior of the public agent to the point of drastically reducing the occurrence of corrupt conduct, as well as, they have not significantly impacted on the administrative accountability performance, changing the correction index adopted. This study showed, finally, that the integrity programs, along the lines established by the Ministries of State, despite being well structured, were not able to prevent corruption in the Direct Public Administration.