A ratio essendi dos programas de compliance não é evitar crimes: um esclarecimento necessário

Abstract

This article presents the origin of the concept of good corporate governance and based on that, demonstrates its intimate relationship with the science of compliance, since both have as their ultimate objective the promotion of sustainable business development. The existence of standard functions of the compliance systems is highlighted, which were not developed to satisfy legal-criminal purposes. Finally, it is argued that it is a mistake to understand that the ratio essendi of compliance systems is the avoidance of crimes, especially given the fact that the phenomenon of compliance has its origin linked to the improvement of corporate governance and not to Criminal Law.