Compliance trabalhista: impactos da autorregulação nas relações de trabalho

Abstract

This work aims to analyze if compliance, self-regulated corporate governance instrument, when applied to labor relations, ends up strengthening and intensifying the directive and supervisory powers of employers over employees, creating a persecutory and punitive culture within the organizations, since compliance programs were included in the Brazilian legal system as a tool to mitigate the liability of legal entities by Law Nº 12.846/13. Thus, the objective is to carry out a critical approach to the implementation of self-regulation mechanisms in companies in an unrestricted manner, without a proper government regulation capable of providing an effective defense to employees, who are hypossuficients in front of employers because of their labor subordination. For this purpose, the hypothetico-deductive method was used, given the finding that there is no specific legislation in the Brazilian law for the regulation of labor compliance programs in order to prevent excessively aggressive and rigorous internal inspections and audits, as well as documentary bibliographic research, including an analysis of the specific legislation of the compliance programs.