The protection of transindividual legal assets and the procedural limits to internal investigations of Compliance.doc programs

Abstract

The compliance programs emerged in the context of the so-called risk society, as an instrument for controlling economic activities that are potentially harmful to society and to the legal entity itself. Among the measures capable of preventing or mitigating the criminal liability of the company, we highlight the corporate investigation that assists the public authorities in determining the individual responsibility of the employee in the crime. Given the possibility of this procedure violating the suspect's basic criminal procedural guarantees, the research aims to analyze possible limits to internal investigations of integrity programs, as a way to avoid the application of abusive sanctions to employees. In the end, it was concluded that the compliance program may prevent undue intervention by the company in workers 'freedoms by drawing up an Internal Investigation Code, establishing a Workers' Statute or simply adopting the guidelines provided for in Decree 8,420/15, in the case of lawsuits. administrative responsibility.