Compliance no Tribunal de Justiça da Bahia: uma análise propositiva sobre a aplicabilidade na esfera pública

Abstract

This dissertation is intended to present, from the analysis carried out, the repercussions of the application of compliance programs in the public and private spheres of Brazil through the evaluation of the program conceived for the Bahia Court of Justice in 2018. The research problem that guided the construction of this work was: what are the challenges, limits or barriers for the implementation of compliance measures to be applied to the Public Administration? Deepening the studies to answer the question, it was decided as a general objective to analyze the compliance program formulated for the TJBA in 2018, aiming to understand the reasons for its nonimplementation, in order to identify the elements, the dynamics and barriers that prevented its continuity. The methodology used for the development of this research was the inductive method and the case study. In addition, the research was divided into two sections: the conceptual stage, in which the concepts and the study of comparative law were analyzed, and the documentary stage, in which the TJBA documents were analyzed. The main results obtained with the research showed that the obstacle to the implementation of compliance measures in the public sector is in the first place the non-compliance with the constitutional principles of the public administration that govern any and all policies applied to it as well as its main objective which is the reach of the well-social welfare and the realisation of fundamental rights