Criminal Compliance e o combate ao crime do colarinho branco

Abstract

The present study aims to present an overview of Criminal Compliance inserted in the Brazilian legal system, exposing and debating about the pros and cons of this institute in the areas of criminal and procedural law, in the light of the current legislation, and from the perspective of combat “white collar” crimes, in addition to analyzing the limits imposed on the private investigation process. To this end, a brief introduction to the basic concepts of Compliance will be made, and in particular “Criminal Compliance”, inserting it into the Brazilian legal system through specific legislation. Next, an approach will be made about “Golden Crime”, covering “white collar” crimes, and how they influenced the emergence and strengthening of Compliance programs in Brazil, in addition to the new way of combating such crimes, with the implantation of the institute by companies. We continue, entering into the scope of preliminary and private investigations, as well as private participation in criminal investigation, analyzing the possibilities, influences, benefits and harms, taking into account their general aspects, structure and their relationship with the criminal process and investigative. Finally, we will envision the procedural limits that should be imposed on private investigations, in order to safeguard the rights and guarantees of those investigated and possible control models to be implemented over the institute.