Os desafios para construção de cultura de compliance nas empresas estatais

Abstract

The corruption scandals that have occurred in the world are directly related to the issuing of laws, creation of norms and new corporate governance models, as their development were a response to these scandals. In Brazil, corruption involving state-owned companies generated in society the feeling that such cases resulted from poor management and political apparatus within these institutions and, in response to this scenario, Law 13.303/2016, also known as State-owned companies Law, was promulgated. The aforementioned Law raised questions regarding the risk management practices in these companies, their internal control mechanisms, the appointment of their representatives and relationship with the Administration, as well as stipulated corporate governance rules. In order to adapt to current norms and meet society’s demands, state-owned companies were faced with the need to (re)define their governance model, set up integrity programs, implement internal controls, manage their risks and build a compliance culture capable of being translated to all involved actors, from senior management to employees of the most diverse hierarchical levels, even shaping their relationship with suppliers and third parties. In the race against time and in the face of all the complexity involved in structuring and implementing a compliance program, State-owned company operators, imbued with this challenging task, were faced with several limitations and adverse scenarios, some of which are addressed in this article.