COMPLIANCE

The corporate world traditionally designed from the rules of supply and demand in the various markets according to their specialties has had to evolve beyond the application of processes and technological tools so that their actors innovate and gain competitive advantages, now also requires companies to implement a compliance system known as "Compliance".

This system is conceived from the construction of a regulatory framework within the corporations that derives from their capacity of self-determination, self-management and self-regulation, people who by their nature as private law companies have to implement the new rules from the institutionalization of a corporate governance, in order to project the functions of management of the rules and compliance policies.

This trend derives from the legal provisions of public order that since the last decade were imposed on American and European companies and, since then, applicable to their subsidiaries and representations with domiciles and operations beyond their borders, which implies the extension of regulatory measures outside their jurisdiction and the application of the laws that regulate the operation in their territory of origin.

To accommodate the compliance system, priority has been given to protecting those activities that are vulnerable to illegal acts recognized as such in the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin. In accordance with the National Code of Criminal Procedures and the Federal Criminal Code, it is a crime for a company to conduct itself directly or indirectly in relation to vulnerable activities, causing specific damage derived from its operation in violation of the laws that regulate its operation. This sanction may be increased, decreased or excluded to the extent that such corporation has failed to implement the compliance system in order to foresee and avoid the consummation of such action.

In this way, the consequence will be the determination of criminal responsibility and the application of a penalty that sanctions the legal entity, ranging from fines to the dissolution of the company, a penalty that is independent of those sanctions applicable, personally, to legal representatives in their capacity as participants in the same conduct qualified as a crime.

This regulation requires companies to implement their compliance system and internal regulation. Thus, today the corporate world conditions companies to have a compliance system to ensure that business is conducted according to their internal protocols, avoiding any risk that may be generated by possible events that may also be punished as crimes under the rules of their nationality.