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Scientific production on compliance in Brazil: a
bibliometric study
i
n the Spell® database
Sirlei Tonello Tisott
PhD in Agribusiness
Federal University of Mato Grosso do Sul, UFMS, Brazil
sirlei.tonello@yahoo.com.br
http://lattes.cnpq.br/1604397401494604
http://orcid.org/0000
-
0001
-
9432
-
234X
Sílvio Paula Ribeiro
PhD in
Accounting
Federal University of Mato Grosso do Sul, UFMS, Brazil
spribeiro@hotmail.com
http://lattes.cnpq.br/8666480609633926
http://orcid.org/0000
-
0001
-
9169
-
1190
Cleston Alexandre dos Santos
PhD in Accounting and Administration
Federal University of Mato Grosso do Sul, UFMS, Brazil
cleston.alexandre@ufms.br
http://lattes.cnpq.br/7454296010892827
https://orcid.org/0000
-
0001
-
7014
-
6644
Lianice Munaretto
PhD in
Accounting
Federal University of Mato Grosso do Sul, UFMS, Brazil
liamunaretto@icloud.com
http://lattes.cnpq.br/3198129553303651
https://orcid.org/0009
-
0007
-
1445
-
0896
Availability:
https://doi.org/10.5965/2764747112222023092
Submission
d
ate:
December 6, 2022
Approval
d
ate:
March 1, 2023
Edition:
v. 12,
N
o. 22, p.
0
88
-
107
,
Jun. 2023
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89
Scientific production on compliance in Brazil: a bibliometric study
i
n the Spell®
database
Abstract
Objective
:
This study analyzed how Brazilian research on compliance is configured in
the Spell® database
.
Method:
Bibliometric study using, for data collection, the term
“compliance” in the title of the articles, considering all the years of the base until 2021.
Results:
The search yielded 19 articles, 80% published in the last three years
–
from 2018 to 2020. The
aut
hors of the publications come from different universities, and the quality of the scientific
articles is high, considering that Qualis/Capes rates approximately 70% of them in strata A3
and A4. Benefits of implementing a compliance program in companies wer
e observed, such as
combating and preventing money laundering, good market reputation, risk mitigating with
fraud, corruption, and financial losses, transparency, and credibility of public and private
entities
.
Contributions:
This research is a stimulus to
researchers for a theoretical
-
empirical
deepening on compliance and to other readers (managers, entrepreneurs, and executives),
provides a conceptual regulatory overview, and presents compliance benefits for companies.
In conclusion, the topic is still li
ttle explored theoretically and empirically in academia, which
implies that there is still a vast field of empirical research to be explored in future studies
.
Keywords:
Reputation. Compliance. Credibility. Competitiveness.
Risks.
Produção científica sobre
compliance
no Brasil: estudo bibliométrico na base
Spell
®
R
esum
o
Objetivo
:
Este estudo analisou
como se configuram as pesquisas brasileiras sobre
compliance
na base
Spell
®.
Método:
Estudo bibliométrico utilizando, para a
coleta de dados,
o termo “
compliance
” no título dos artigos, considerando todos os anos da base até o ano de
2021.
Resultados:
Os resultados retornaram 19 artigos sobre o tema, sendo 80% deles
publicados nos últimos três anos
–
de 2018 a 2020. Os autores d
as publicações são provenientes
de diferentes universidades e a qualidade dos artigos científicos é alta, tendo em vista que
aproximadamente 70% deles estão classificados nos estratos A3 e A4 do Qualis/Capes. Foram
observados benefícios da implementação de
um programa de
compliance
nas empresas, como
combate e prevenção à lavagem de dinheiro,
boa reputação no mercado, mitigação de riscos
com fraudes, corrupção e prejuízos financeiros, transparência e credibilidade de entidades
públicas e privadas.
Contribuições:
Esta pesquisa contribui sob a forma de estímulo aos
pesquisadores para um aprofundamento teórico
-
empírico sobre
compliance
e aos demais
leitores (gestores, empresários e executivos) fornece um panorama conceitual, regulatório e
apresenta os
benefícios do
compliance
para as empresas. Conclui
-
se que o tema ainda é pouco
explorado teórica e empiricamente no meio acadêmico, o que permite inferir que ainda há um
vasto campo de pesquisas empíricas a serem exploradas em estudos futuros.
Palavras
-
ch
ave
:
Reputação.
Compliance
.
Credibilidade.
Competitividade. Riscos
.
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90
Producción científica sobre
compliance
en Brasil: un estudio bibliométrico en la
base
Spell
®
Resumen
Objetivo:
Este estudio analizó
cómo se configuran las investigaciones brasileñas sobre
compliance
en la base
Spell
®.
Método:
Estudio bibliométrico que utilizó, para la recopilación
de datos, el término “
compliance
” en el título de los artículos, considerando todos los años de
la base h
asta el año 2021.
Resultados:
Los resultados arrojaron 19 artículos sobre el tema, el
80% de los cuales se publicaron en los últimos tres años, del 2018 al 2020. Los autores de las
publicaciones proceden de diferentes universidades, y la calidad de los art
ículos científicos es
alta, considerando que aproximadamente el 70% de ellos están clasificados en los estratos A3
y A4 de Qualis/Capes. Se observaron beneficios de implementar un programa de
compliance
en las empresas para combatir y prevenir el lavado de
dinero, lograr buena reputación en el
mercado, mitigar riesgos con fraudes, corrupción y pérdidas financieras, y lograr transparencia
y credibilidad de las entidades públicas y privadas.
Contribuciones:
Esta investigación
contribuye en forma de estímulo a
los investigadores para una profundización teórico
-
empírica
sobre
compliance
y a otros lectores (gestores, empresarios y ejecutivos) ofrece un panorama
conceptual y regulatorio, y presenta los beneficios del
compliance
para las empresas. Se
concluye que e
l tema aún es poco explorado teórica y empíricamente en el ámbito académico,
lo que permite inferir que aún existe un vasto campo de investigación empírica que explorar en
futuros estudios.
Palabras clave:
Reputación. Compliance
. Credibilidad.
Competitividad.
Riesgos.
Introduction
Losses caused by corporate fraud, corruption, lack of ethics, and business negligence
directly affect stakeholders
–
investors, customers, suppliers, government, society, and the
environment
–
and can lead organizations to failure
(Calixto
et al.
, 2020;
Costa
et al.
, 2020
).
However, contrary to and intolerant of fraudulent acts and corporate corruption, several
companies implement practices that abide by the law. The idea is to develop their act
ivities per
current legislation and internal/external regulations, based on the implementation of
compliance programs, seeking credibility in the market
.
In Brazil, this corporate trend was primarily due to the advent of Law No. 12,846 of
August 1, 2013, a
lso known as the
Anti
-
Corruption Act
, which
“
provides for the administrative
and civil liability of legal entities for the practice of acts against the public administration,
national or foreign
”
(
2013
).
Article 7 of that law states that
“
the following will be taken into
account when applying sanctions
: [
…
]
the existence of internal mechanisms and procedures
for integrity, auditing, and incentives to report irregularities and the effective application of
c
odes of ethics and conduct within the legal entity
”
(2013).
While
the incentive given by the law mentioned above can only cover legal entities that
practice acts with the national or foreign public administration, some companies have
recognized the importa
nce of the subject and incorporated compliance actions into their work
routine. According to Melo et al. (2019), compliance gained greater visibility in Brazil from
the aforementioned regulatory framework, as it encouraged actions to combat corruption and
fraudulent activities. Through the
Anti
-
Corruption Act
, Brazilian organizations began to
implement their compliance programs. For example, we can mention Siemens, which
implemented compliance actions
(Selhorst, 2014)
, and
Votorantim Cimento
,
which has
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91
maintained the compliance program since 2013, with communication campaigns added to
training for employees and directors
(Votoranti
m
, 2021).
Given the importance of the topic, the following question arises: what does the term in
English mean that
turns into robust departments within organizations and has increasingly
gained prominence in the corporate world? For Morais (2005), compliance is the duty to adhere
to,
abide by
, and enforce internal and external regulations required for the organization
’
s
operations. Thus, the expression is used to name practices for mitigating fraud and corruption
risks within organizations in any field of activity
.
The so
-
called compliance programs are intended to observe and
abide by
all legal rules
in force and enfor
ce the efforts of companies, unions, cooperatives, and associations in creating
and implementing internal regulations and procedures. These programs aim to ensure
following
the
legislation to prevent the practice of punishable illicit acts, even if unconsc
ious or guilty,
which seeks to promote a
“
culture of compliance
”
in companies
.
Therefore, this study aims to analyze how Brazilian research on compliance in the
Spell® database is configured. Under this study delimitation, the following specific objectives
were deliberated: identify research related to compliance in the Spell® database; describe the
main characteristics of the selected studies, such as the number of publications per year, the
origin of publications, keywords, journals that published the art
icles, and Qualis/Capes
classification; highlight the main benefits that can lead companies to implement a compliance
program, and identify suggestions for future research
.
Thus
,
the study was guided by the
following question: how is Brazilian Spell®
-
based
research on compliance configured
?
As a methodological basis, a bibliometric analysis was performed with data collected
from the Spell® database. The term
“
compliance
”
was used in the title of the articles,
considering all the years of the base, founded i
n 2012, until 2021, in searching the scientific
articles. For evaluation of the collected data, the literature review was based on authors such
as Coimbra et al. (2010), Assi (2018), and Block (2020), thus scientifically addressing the
theme, anchored in r
esearchers in the area
.
Given the above, the research is justified by the scarcity of research on compliance,
specifically
i
n the Spell® base. This research niche is still relatively new in Brazil, so it is not
well
-
established in academia
(Costa
et al
.
,
2020; Belarmino, 2020).
According to Lin (2019),
this concept, as an instrument of corporate control, has been widely discuss
ed in developed
economies. However, there is a lack of studies in developing economies, a locus in which rules,
norms, and laws do not keep up with economic growth
.
Therefore, this study addresses a topic of increasing relevance for companies and
society (
Melo et al., 2019), whose focus needs to be on the changes and tactics implemented
nationally and internationally
–
especially when
concerning
inhibiting fraud and corruption,
which generate of financial and reputational losses. At this threshold, complian
ce helps to
promote a culture of
abiding by the
ethics in organizations as a competitive differential
(Neves,
2018).
This article is divided into sections to organize the scientific work: introduction,
literature review, methodological procedures, results
and discussion, final considerations, and
bibliographical references
.
Literature Review
Compliance
:
theoretical and conceptual aspects
According to Assi
(2018, p. 19), compliance is an English term arising from the verb to
comply, which means to act according to a rule,
“
to
abide b
y, obey, and execute what has been
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92
determined
[
…
]
.
It consists of the duty of companies to promote a culture that
encourages, in
all members of the organization, ethics and the exercise of the corporate purpose per the law.
”
Complying relates to the duty to abide by the laws, regulations, and guidelines in general. The
main objective is
“
to mitigate the risk linked to
reputation and the legal/regulatory risk
”
(Coimbra
et al.
, 2010, p. 2).
Complying means remaining abiding by internal rules and regulations and in line with
the legislation applicable to the organization; acting per laws and rules inherent to the
company
’
s activities and codes of ethics and internal conduct policies (Block, 2020).
Compliance is closely linked to the duty to do the right thing
–
therefore, the individual
’
s
behavior and obligation to act per ethical and regulatory precepts
(2020, p. 3).
Thus
,
there is a mobilization directly related to people, who can be directors, managers,
and
employees. All the actions of these individuals must be associated with corporate
responsibility actions based on what is appropriate and legal (Assi, 2018), i.e., ev
erything must
be linked to acting ethically and responsibly in the business environment and society. This is
essential for the smooth running of business negotiations and alignments and the organization
’
s
suitability, as individuals who perform compliance
functions are on the front line against fraud
and corruption. They can access specific, timely, and reliable information to prevent or stop
ongoing fraud
(Srere
et al.
, 2015).
Therefore, promoting a culture of compliance is challenging, especially in Brazi
l. The
major obstacle to implementing tactics related to compliance is
“
the Brazilian way of life,
which ends up influencing other individuals to carry out actions outside the rule and norm
”
(Flach, 2012, p. 512)
in search of advantages or
problem
-
solving faster, however inadequate.
Culturally, people or companies seek to gain an advantage indiscriminately in Brazil, so
maintaining ethical and moral behavior seems arduous. However, this deep
-
rooted negative
culture is no longer justified and
must be removed from all environments (corporate and social)
by improving tactics to combat misconduct. As Torres points out
(
apud
Bombassaro
,
2015, p.
299),
“
the lack of ethics destroys trust, reduces the productivity of action in all dimensions of
socia
l life, and ends up causing massive and unequivocal damage to the economic and social
development of the country.
”
In this sense, these misconducts are also perceived as affecting the business
environment, causing damage to companies and entrepreneurs, and
requiring preventive rules
(Kleindienst, 2019). This situation is what allowed compliance to stand out as a result of the
massive national and international scandals involving the practice of corruption and money
laundering
(Assi, 2018).
Thus, the complia
nce approach emerged from US legislation, with the
creation of Prudential Securities, in 1950, and with the regulation of the Securities and
Exchange Commission (SEC), in 1960 (Bertoccelli, 2021). It expanded to North American
financial activities in the 1
980s and 1990s in various public and private organizations
(Assi,
2018).
Among the normative acts that internationalized the concept of compliance, the Foreign
Corrupt Practices Act (FCPA), created in the USA in 1977, and the Anti
-
Bribery Act (UKBA),
creat
ed in the United Kingdom in 2010, stand out (Block, 2020). The FCPA seeks to curb the
practice of corruption in business involving the United States, prohibiting
“
any organization
that has its shares traded on the New York Stock Exchange or that has a comm
ercial
relationship with the country from committing acts of corruption that include public agents of
governments abroad
”
(2020, p. 3).
The UKBA, on the other hand, is directed at combating
“
acts of offering, promising, paying, agreeing to receive or accep
t an advantage; bribery of a
foreign official; and failure to prevent corruption, either in money or through any advantage,
financial or otherwise
”
(2020, p. 3
-
4), focusing on UK organizations, foreign ones with
branches in its territory, and public and pr
ivate officials
.
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93
The restrictions resulting from these laws, located in the world
’
s leading markets,
caused changes in other countries since there was a need to
follow
them in the integrity trend.
For this reason, Brazil has ratified three
international treaties to combat corruption, namely
:
•
Convention on Combating the Bribery of Foreign Public Officials in International
Business Transactions of the Organization for Economic Cooperation and Development
(OECD
)
(
Decree No.
3
,67
8, 2000);
•
Inter
-
American Convention against Corruption
(Organização dos Estados Americanos,
1996);
•
United Nations Convention against Corruption of the United Nations (UN
)
(
Decree No.
5
,68
7, 2006).
In addition, Brazilian legislation began to gradually
introduce the idea of compliance
programs long before the term compliance was in vogue, namely
:
•
Administrative Improbity Law
(
Law No. 8,429
, 1992);
•
General Law of Tenders and Contracts
(
Law No. 8,666
, 1993);
•
Access to Information Law
(
Law No.
12
,52
7, 2011
);
•
Competition Defense Law
(
Law No.
12
,52
9, 2011);
•
Penal Code
–
Crimes against public administration
(Código Penal, 2017).
This regulatory context marked advances in Brazilian legislation with the enactment of
Law No. 12,846 on August 1, 2013, known as the
“Anti
-
Corruption Act”
or
“Clean Company
Act”
(2013). This legal apparatus meets the international commitments assumed by t
he country
in the fight against corruption and helps to establish greater reliability in international forum
negotiations
.
In this light, Table 1 illustrates the similarities and differences between the anti
-
corruption legislation of different countries. T
he non
-
criminal liability of the legal entity for
crimes committed against the public administration is highlighted. Such liability is not admitted
in the Brazilian legal system, providing only the objective liability of the legal entity in the
administrat
ive and civil spheres for harmful acts
.
Table
1
Comparison of anti
-
corruption legislation
.
Description
North American FCPA
British UKBA
Brazilian
Law No.
12
,84
6/2013
Corruption of foreign
public officials
Yes
Yes
Yes
Bribery of national public
officials
No
Yes
Yes
Extraterritorial reach
Yes
Yes
Yes
Accounting devices and
Internal Controls
Yes
No
No.
The existence of
I
C and
Audit may reduce the
sanctions
(Art. 7).
Other harmful acts
No
No
Yes
Exception for payments and
facilitation
Yes
No
No
Criminal liability of the
legal entity
Yes
Yes
No
Strict liability
No
Yes
Yes
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94
Fines
Up to
2
million
USD
per
anti
-
corruption violation
.
Up to 25 million
USD
per
accounting violation.
Unlimit
e
d
A fine of 20% of the
company
’
s
gross revenues
or up to 60 million
BRL
.
Other sanctions
Declaration of unsuitability,
monitoring, etc.
Declaration of unsuitability
Publication of the
condemnatory decision,
suspension or interdiction
of activities, etc.
Credit for the existence of a
compliance program
Yes
Yes
Yes
Credit for voluntary
reporting and cooperation
Yes
Yes
Yes
Source
:
Adapted from
Block (2020, p. 33
-
34)
.
In line with the data explained in
Table
1
and according to
Mendes e
t al.
(2017)
,
until
the enactment of the
Anti
-
Corruption Act
, compliance measures were not widespread in Brazil;
they were only observed in companies with international transactions. With legal regulation,
through Decree No. 8,420 (2015), in its Art. 41, compliance was
defined as a set of internal
mechanisms and procedures for integrity, auditing, and encouraging the reporting of
irregularities, codes of ethics and conduct, policies and guidelines to detect and remedy
deviations, fraud, irregularities, and unlawful acts
committed against the public administration,
national or foreign
.
Still under the precepts of the mentioned decree, in its sole paragraph, it is highlighted
that the
“
integrity program must be structured, applied, and updated according to the current
chara
cteristics and risks of the activities of each legal entity, which must guarantee the constant
improvement and adaptation of the referred program, aiming to guarantee its effectiveness
”
(2015). Thus, this normative act aims to encourage concrete governance
measures to prevent,
detect, and repair harmful acts to the assets of public and private institutions
(Mendes
et al.,
2017).
Decree No.
8
,
420 (2015),
in its Art. 42, also provides the criteria for an integrity
program to be considered
efficacious. Briefly, there are the following parameters
:
•
Commitment of the top management of the legal entity, including the boards;
•
Standards of conduct, code of ethics, integrity policies, and procedures applicable to all
employees, managers, and third
parties
;
•
Periodic training on the integrity program
;
•
Periodic risk analysis to make necessary adaptations to the integrity program
;
•
Accounting records and internal controls that ensure the prompt preparation and
reliability of reports and
financial statements of the legal entity
;
•
Procedures to prevent fraud and illicit acts in tenders, administrative contracts, or any
interaction with the public sector
;
•
Independence, structure, and authority of the internal body responsible for
implementing
the integrity program and monitoring its compliance
;
•
Channels for denouncing irregularities disclosed to employees and third parties
;
•
Disciplinary measures in case of violation of the integrity program and procedures that
ensure the prompt interruption of
irregularities or infractions
;
•
D
ue
diligence for contracting and supervising third parties
;
•
Verification, during mergers, acquisitions, and corporate restructuring processes, of
commi
tting
irregularities or illicit acts or the existence of
vulnerabilities in the legal
entities involved
;
•
Integrity program monitoring
;
and
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95
•
legal entity transparency regarding donations to candidates and political parties
.
These parameters, whose legislation helped to establish, provide companies with
greater cl
arity and reliability in negotiations, allowing for a reciprocal exchange of benefits
between the parties. This was only possible due to the implementation of
compliance
.
To
Assi (2018),
compliance is based on three main pillars: prevention,
detection, and
correction. First, the tactics inherent to the process want to establish policies and procedures of
the company
’
s management, mobilize a code of ethics, and clarify the rules of conduct that
may or may not be practiced
.
Secondly, it presuppo
ses the need to create reporting channels,
investigations, and other non
-
compliance detection practices. Thirdly, the alignment of conduct
with correcting failures, processes, and corrective actions, in general, is prescribed. This cycle
forms the basis of
an effective compliance program and establishes a culture of compliance in
companies. Figure 1 illustrates the compliance concept map
.
Figure 1
Compliance concept map
Source
:
Prepared by the author based on
KPMG (2018).
It is a program of structured articulation of different initiatives, starting with the
commitment of senior management, the definition, and communication of ethical values, in
addition to the creation of a code of conduct and mechanisms for the detection/c
orrection of
failures and infractions
(Mendes
et al.
, 2017).
According to
Stacchezzini
et al.
(2020),
the
compliance program is a corporate governance mechanism that involves the engagement of all
employees, managers, and directors of the company
during the execution of their activities
.
The practice of compliance evolves, and the use of artifacts such as information
technologies, training seminars, and compliance performance indicators help to spread the
practical understanding of the actions nece
ssary to carry out the program and the general
understanding of the responsibilities linked to it
(
Stacchezzini
et al., 2020).
It is important to
emphasize that a program like this must have someone responsible for its implementation.
Volkow (2015) reports
that the company can follow ethical precepts and have compliance
policies, but without a person responsible for the area, the program will be adrift and subject
to ineffectiveness
.
image/svg+xml
96
Table
2
demonstrates the nine pillars of the compliance program based on t
he
requirements of the Federal Sentencing Guidelines
.
Table
2
Pillars of the compliance program
.
Pillars
Descrição
Senior management
support
It requires participation and support from the top management and knowledge of the
professional
responsible for compliance to ensure the program is effective.
Risk assessment
It requires knowledge of the company
’
s objectives and the compliance program. It
involves planning, interviewing, documenting, analyzing data, and establishing
necessary remedi
al measures to build the code of conduct, policies, and monitoring
efforts.
Code of Conduct and
compliance policies
It is the main foundation, as it determines the rights and obligations of everyone who
works in the company.
Internal controls
They
minimize operational and compliance risks and ensure that the accounting and
financial books and records completely and accurately reflect the company
’
s business
and operations.
Training and
communication
All company employees must understand the complian
ce program
’
s objectives, rules
and their role in ensuring its success.
Reporting channel
It alerts those who fail to comply with the rules, the code of conduct, or even behaviors
that violate compliance policies.
Internal investigation
Respond to
reports of misbehavior, check that the facts contained in the reports are true,
and apply sanctions in the event of code violations, such as disciplinary measures,
regardless of who caused them. The investigations must be honest and reliable to analyze
cir
cumstances, those involved, and the conduct.
Due diligence
The company must apply a robust hiring process to partners, as they are required to have
a commercial history with ethical practices, so that in the future, they do not offer an
unacceptable business proposal, such as one that violates the rules of the compliance
program
.
Monitoring and auditing
T
hey enable the company to verify whether the other pillars carry out their planned
functions
.
Source
:
Sibille e
t al.
(2018).
It is relevant to say that the compliance program proposed by Sibille et al. (2018),
described in Table 2, aligns with the parameters established by Decree No. 8,420 (2015).
Therefore, the chosen theme has gained importance in the corporate and institution
al world,
whether to represent a market differential compared to competitors, open the international
market in major countries, improve the image of companies with investors, stakeholders, and
customers, or reduce sanctions imposed by the
Anti
-
Corruption A
ct
.
Thus, best practices, legal
requirements, regulations, and internal rules created the need for an area to monitor compliance
with these requirements by corporations
.
In June 2021
, ISO 37301
–
Compliance Management Systems was published to provide
guidelines for establishing, developing, implementing, evaluating, maintaining, and improving
an effective compliance management system within an organization, making them subject to
ISO certificati
on
(Associação Brasileira de Normas Técnicas, 2021).
Thus, in the continuity of
this discussion, the upcoming sub
-
item presents some benefits of compliance for companies
.
Why implement a compliance program
?
image/svg+xml
97
Answering the question in the title of this
subsection requires being aware that the
concepts of compliance, its rules, laws, and ethical behavior undoubtedly contribute to
companies since the program promotes
“
improvement of relationships with customers,
shareholders, and other stakeholders and pro
vides strong internal coordination aimed at
mitigating the risk of loss of the company
’
s reputation
”
(Block, 2020, p. 3).
Thus
,
their tactics
positively affect the corporate environment, making it more habitable and capable of ethically
influencing relations with investors and other stakeholders
.
Based on the above, Neves (2018) summarizes the main benefits that companies can
enjoy with the implementation of the program in eight items
:
•
Reduction of the risk of committing violations of legislation, which can lead to fines,
penalties, a ban on contracting with public institutions, and even the
termination
of the
company
;
•
Reduction of penalties in case the company violates laws and suffers
a conviction
;
•
Incorruptible image of administrators, managers, directors, and board member
s;
•
Reduction of revenue loss due to purchases of goods and services that are not in line
with market values
;
•
A good reputation that enhances the realization of more p
romising business proposals
and contracts with clients, a situation that helps to attract and retain talented
professionals in its teams of collaborators
;
•
Conditions for attracting financial investments from public and private banks and
foreign
investments
;
•
A competitive differential that represents having an effective integrity program
;
•
Pride in working for a company or entity with integrity and honesty as its guiding
business principles
.
In addition to these points highlighted by Neves (2018)
and Block (2020), there are also
tangible points brought by current legislation that demonstrate the benefits of structuring
compliance programs in companies. The first was born with the
Anti
-
Corruption Act
–
the
mitigation of sanctions imposed on legal en
tities responsible for violating this legislation. The
law provides for a fine of 0.1% to 20% of gross revenue for the last year before the filing of
the administrative proceeding
(
Law No.
12
,84
6, 2013).
Consequently, there is also a risk of
reputational damage due to the publication of the condemning decision, not excluding the
obligation of total compensation
.
Another factor that encourages the implementation of compliance programs, also
highlighted by Neves (2018), is provided for in the
Bi
dding and Administrative Contracts Law
(Law No. 14,133, 2021) in its Article 25, Paragraph 4:
“
In contracting works, services, and
large
-
scale supplies, the notice must provide for the mandatory implementation of an integrity
program by the winning bidder
”
and, in the event of a tie between two or more proposals, one
of the tie
-
breaking criteria is
“
development by the bidder of an integrity program,
”
as provided
for in Article 60, Item
IV.
This Law also considers implementing or improving an integrity
progr
am in applying sanctions, provided for in Article 156, Paragraph 1, Item
V.
According to the
Bidding and Administrative Contracts Law
(
Law No.
14.133, 2021),
it is stipulated that it is up to business people who intend to participate in biddings with the
p
ublic administration in contracting large
-
scale works, services, and supplies, thus understand
those that exceed the amount of 200,000,000.00 BRL (two hundred million reais), who
maintain an effective compliance program as a condition for participation. It
is essential to note
that such programs are configured as a differential in case of a tie. In addition, it is a factor to
be considered to reduce penalties in case of infractions
.
In this regard, there are explicit, in the
image/svg+xml
98
Anti
-
Corruption Act
and the Bidd
ing and Administrative Contracts Law
, three benefits of the
implementation of the compliance program: the reduction of penalties in case the company
commits a legal violation and suffers a conviction, access to the bidding market, and the
competitive diffe
rential
.
Given what has been discussed, in recent years, the importance of the compliance issue
in the business environment and its robustness in Brazilian legislation are highlighted, which
makes it essential to build and maintain credibility, good image
and reputation, access to
specific markets (bids), and competitive differential
.
Methodological procedures
This research focused on compliance to analyze how Brazilian research on compliance
is configured in the Spell® database. Methodologically, the study is classified as exploratory
and descriptive, with a qualitative approach with quantitative data
(Creswell
, 2010).
According
to Gil (2008), exploratory research provides greater familiarity with the problem, improvement
of ideas, or the discovery of intuitions, while descriptive research describes characteristics of a
given population or phenomenon. The union
of both procedures contributed to the marking of
the collected data
.
The primary approach started with surveying scientific articles in the Scientific
Periodicals Electronic Library (Spell®) database, followed by bibliometric analysis
–
an
essential tool f
or evaluating scientific production
(Prado
et al
., 2016).
Spell® is a repository of
scientific articles and provides free access to technical
-
scientific information, and having it as
a source helped in the reliability of the collection
.
We searched for the
term
“
compliance
”
in the title of the articles. As a temporal
perimeter, all the years of the base until June 2021 were considered, i.e., nine years. This search
process
yielded
66 scientific articles classified in the areas of knowledge of Administration and
Accounting in
several languages. For data selection, a filter selected a specific type of
publication:
“
scientific article.
”
This excluded the other forms of academic publication present
on the platform
.
After manually reading the titles of the articles and abstracts,
47 texts unrelated to the
research focus were eliminated, leaving only 19 articles. From this, the scientific papers were
read in full, selecting the necessary information for the bibliometric analysis, identifying
suggestions for future research and benef
its of implementing the compliance program in
companies
.
Then, the data were organized in spreadsheets, in addition to producing illustrative
graphs and tables, using Excel® tools. An analytical process was carried out that guided the
findings of this rese
arch, following the criterion of bibliometric analysis with the following
categories
:
mapping of the number of publications over the years, authors of scientific articles,
most used keywords, the institutional origin of the authors, journals which most pub
lished, and
the quality of publications according to Qualis/Capes indicators. Finally, the data presented in
graphs and tables were analyzed qualitatively, confirming or reaffirming findings from
previous studies
.
Results and Discussion
Configuration of search on the subject of compliance in the Spell® database
This topic presents fundamental characteristics of research on compliance. The analysis
started with 19 articles, of which approximately 80% were published between 2018 and 2020.
image/svg+xml
99
Therefore, the theme is emerging in the business area, starting to appear in the scientific
production indicators of the Spell® base in increasing and recent numbers
.
This finding aligns
with studies by Belarmino (2020) and Costa et al. (2020), demonstrati
ng that the topic is new
in Brazil and little explored in academia. In addition, it should be noted that there are a more
significant number of studies on the subject after the
Anti
-
Corruption Act
(Law No. 12,846,
2013), enacted on January 29, 2014, in addition to its regulatory decree
(
Decree No.
8
.
420,
2015).
Based on these data, Graph 1 illustrates the evolution of scientific publications on
compliance in the Spell® database. Graph 2 shows
the recurrent co
-
authorship incidence from
two to three authors per article, representing approximately 85% of the search
.
Graph 1
Number of publications per year
Source:
Search data
(2021).
Graph 2
Number of authors per
publication
Source:
Search data
(2021).
As for the keywords, 73 were presented in the total number of publications, most
frequently the word
“
compliance,
”
which appeared in 18 articles, followed by the expression
“
internal control
”
and
“
corporate governance
”
in four articles each,
“
ethics
”
in three texts,
“
audit
”
in two articles, and
“
money laundering
”
in two. There are also other words related to
the topic
:
“
risks and compliance,
”
“
corruption prevention,
”
“
integrity program,
”
“
compliance
program,
”
“
compliance management,
”
“
anonymous reporting channel,
”
and
“
integrity.
”
These,
however, appear only once in the list of analyzed articles
.
There is a
greater concentration at the Federal University of Santa Catarina (UFSC),
with six authors, and the Federal Rural University of Pernambuco (UFRPE), with seven
researchers, out of a total of 48 scholars who developed research on this topic
.
The journal that
published more articles was the
Revista Metropolitana de Governança
Corporativa
,
with four publications, followed by the
Revista Eletrônica de Estratégia &
Negócios
,
with three publications, and the
CGU
,
Evidenciação Contábil & Finanças
e
Gestão
e Planeja
mento
magazines, with two. The others have only one publication per journal
.
0
5
10
15
1
0
0
0
2
1
2
5
8
2012
2013
2014
2015
2016
2017
2018
2019
2020
image/svg+xml
100
Table
3
shows the publications
’
origin, identifying each author
’
s capacity by the
university. The table highlights in bold the loci of greater incidence
.
Table
3
Origin of
publications
.
Origin of publications
–
number of authors per university
Frequency
%
University Center
–
Catholic of Santa Catarina
1
2%
Campo Limpo Paulista University Center
(
UNIFACCAMP
)
1
2%
Metropolitanas Unidas
Colleges
(
FMU
)
2
4%
Getúlio Vargas
Foundation
(FGV
-
EAESP)
1
2%
Minas Gerais Education and Culture Foundation (
Fumec
)
3
6%
Brazilian Institute of Capital Markets (IBMEC)
1
2%
Institute of Technological Education (
Ietec
)
3
6%
Pontifical Catholic University of Minas
Gerais
(
PUC
-
Minas)
4
8%
University of São Paulo (USP)
2
4%
State University of Rio Grande do Norte (UERN)
3
6%
Federal University of Health Sciences of Porto Alegre (UFCSPA)
2
4%
Federal University of Minas Gerais (UFMG)
1
2%
Federal
University of Santa Catarina (UFSC)
6
13%
Federal University of Rio de Janeiro (UFRJ)
3
6%
Federal Rural University of Pernambuco (UFRPE)
7
15%
Nove de Julho
University
(
Uninove
)
3
6%
Regional University of the State of Rio Grande do Sul (Unijuí)
3
6%
Salvador
University
2
4%
Total
48
100%
Source
:
Search data
(2021).
Next, the journals that published the most articles on the research front on compliance
were identified. The quality of publications was also analyzed using the Qualis/Capes indicator,
as shown in
Table
4.
Qualis/Capes
is an indicator of the quality of the
scientific production of postgraduate
programs and is divided into strata in descending order of value from A1 to C. Therefore,
according to the data presented in Table 4, approximately 70% of publications are classified in
strata A, indicating greater va
lue relative to the quality of scientific production
.
Table
4
Where were the articles published?
Name of journal
Qualis/2021
Frequency
%
Enfoque: Reflexão Contábil
A3
1
5%
Revista da CGU
–
Controladoria Geral da União
Without Qualis
value
2
11%
Revista de Empreendedorismo e Gestão de Pequenas Empresas
A3
1
5%
Revista Eletrônica de Estratégia & Negócios
A3
3
16%
Revista Evidenciação Contábil & Finanças
A3
2
11%
Revista Gestão & Tecnologia
A3
1
5%
Revista Gestão e Planejamento
A3
2
11%
image/svg+xml
101
Revista Metropolitana de Governança Corporativa
B3
4
21%
Revista Reuna
A4
1
5%
Sociedade, Contabilidade e Gestão
A3
1
5%
Teoria e Prática em Administração
A3
1
5%
Total
19
100%
Source
:
Search data
(2021).
These results provide a panoramic view of
research on compliance in the chosen
database, which allows the identification of its drivers and points out the trend in the
development of the subject. Over the years, interest in compliance has intensified in Brazil with
the advent of legislation since
historical events of fraud and corruption in companies have
become a need for scientific knowledge to discuss these phenomena and search for tools and
alternatives for companies
’
ethical protection and compliance.
Benefits of implementing the
compliance program for companies
Table 5 lists the benefits of implementing compliance programs highlighted by the
articles analyzed in this research regarding the program under study. It should be noted that 12
articles that concluded the implementation
of these programs with some convenience were
listed. The other articles focused on different topics, and consequently, in their conclusions,
they do not demonstrate the advantages of adherence and, therefore, are not included in the
table mentioned above
.
Table
5
Benefits of implementing compliance
.
Obje
c
tiv
e
Benefits of implementing compliance
Methodology
Refer
e
nc
e
Check the impacts of
implementing compliance in
preventing and combating
money laundering in Brazil.
The benefits perceived by the authors in this
study
were the combat and prevention of money
laundering.
Exploratory
research
Qualitative
approach
Amorim,
Cardozo
,
and
Vicente
(2012)
Check the perception of micro
and small entrepreneurs about
compliance.
A good reputation in the market is one of the
most important assets a company can have.
Compliance programs are essential allies in this
process.
Survey
Qualitative
approach
Belarmino
(2020)
Analyze the compliance
practices adopted by the
Aduaneira
company.
Compliance can also be applied in small and
medium
-
sized companies, and the study
highlighted the importance of management by
example for the smooth running of compliance
measures.
Case stu
dy
Qualitative
approach
Chiaretto,
Batista
, and
Barbosa
(2017)
Understand the compliance
practices adopted in a large
company.
Decrease the risk of corruption in large
companies, and increase the transparency of these
actions and credibility in the
market.
Case study
Qualitative
approach
Costa
et al.
(2020)
Identify applicable compliance
mechanisms in Brazilian public
hospitals.
Compliance supports an anti
-
corruption policy
and helps avoid or reduce costs, risks, and
damages involved in
illicit practices, promoting
trust in its service and increasing its reputation.
Bibliographic
review
Qualitative
approach
Machado
Faria (2018)
State of the art on compliance
and its management process in
health institutions in Brazil.
Compliance can promote transparency and
abiding by
an organization
’
s rules, laws, and
guidelines. It is a competitive differential and
acculturation of companies.
Systematic
literature review
Qualitative
approach
Garcia
and
Libânio
(2021)
image/svg+xml
102
Analyze the internal controls of
a credit union based on notes
from the internal audit and
compliance
.
Compliance is essential to enhance the results
obtained with audits. It should be seen as a
security measure, becoming a culture cultivated
by reliable a
nd correct companies before the law.
Case study
Qualitative
approach
Haas, Vieira
,
and
Brizolla
(2020)
Investigate the relationship
between compliance practices
and their
efficacy
in
responding to corporate risks in
Brazil.
Compliance represents a preponderant tool in the
risk mitigation process.
Survey
Quantitative
approach
Melo
and
Lima (2019)
Describe in an applied way the
evolution of the compliance
area.
The
organization needs to pursue compliance to
strengthen its market position.
Case study
Qualitative
approach
Nakamura,
Nakamura
,
and
Jones
(2019)
Analyze the procedures
necessary for structuring and
implementing internal control
and compliance areas.
The
authors emphasize the importance of internal
control and compliance to ensure financial health,
transparency, and ethics.
Exploratory
research
Qualitative
approach
Santana
and
Silva (2021)
Evaluate the corporate
governance and compliance
restructuring process at
Odebrecht S.A.
Restructuring corporate governance and
compliance led to improving the compliance
system and disseminating best practices.
Case study
Qualitative
approach
Silva
and
Monteiro
(2019)
Analyze results from
adopting
compliance practices in the oil
and gas sector.
Good reputation in the market for raising funds
on stock exchanges or through credit with banks.
Survey
Quantitative
approach
Souza,
Filardi
,
and
Irigaray
(2020)
Source
:
Search data
(2021).
It is worth noting that, in the corporate world, it is common to draw a parallel between
cost and benefit to convince the approval of a project. However, regarding compliance, it is
difficult to point out the cost
-
benefit of its implementation since risk p
revention is hardly
measurable, according to
Nakamura
et al.
(2019).
Despite the difficulty of monetarily measuring the benefits of prevention, the articles
analyzed brought an extensive list of advantages related to implementing compliance programs
(Table 5).
Block (2020, p. 23)
states,
“
The famous phrase of the former Dep
uty Attorney
General of the United States, Mr. Paul McNulty, illustrates this well: If you think compliance
is expensive, try no
n
-
compliance
.
”
In summary, the following benefits stand out: good reputation in the market, enhancing
a competitive
differential; risk mitigation, whether of fraud, corruption, financial losses,
combating money laundering, among others; increasing the degree of transparency and,
consequently, the credibility of the organization; engagement to do what is right for
stakeh
olders and society as a whole
.
Therefore
,
it is also possible to verify the importance of
compliance regardless of the organization
’
s size. The analyzed studies demonstrate
its presence
in small, medium, and large companies. Being aligned with the scope of
institutional and
market regulations is fundamental to success
.
Given the above, it is soon observed that, whether to enjoy some benefit subject to the
current legislation, as highlighted earlier in this study, or considering the practical benefits
alread
y observed in companies that have active compliance programs, it is evident that the
implementation of the program of compliance is advantageous to companies. The analysis
carried out in this study emphasizes the topic
’
s relevance for companies and indicat
es that
complying with rules and laws is a good direction for business prosperity
.
Future research agenda
image/svg+xml
103
After analyzing the 19 articles on compliance, topics for future research were indicated,
as shown in Table 6. Six articles presented no
proposals for future research, a methodological
mobilization contributing to future reflections
’
continuity.
Of the 13 remaining articles, two were excluded because they were not relevant to the
topic studied, and five recommend that the research theme be
resumed in the future, so the
authors demonstrate that their work requires deepening and/or maturation of the applicability
of compliance programs in public and private institutions
.
Another five studies suggest that the
research object be applied in other
audiences and locations to increase the scope of the
researched theme. In addition, three papers listed complementary topics for future research
.
Table
6
Future research agenda
.
Reference
Indication of future research
Belarmino (2020)
It suggests
conducting
new studies with the understanding of micro and small
companies about compliance in different locations and with a more significant
sampling.
Birchal
et al.
(2020)
Assessing the impacts of implementing compliance
.
Chiaretto
et al.
(2017)
Performing
new research in small and medium
-
sized organizations to
check
the
existence of compliance, the practices carried out, and relate these practices to
organizational performance
.
Costa
et al. (
2020)
It recommends
conducting a new survey after the company has matured co
mpliance
.
Machado Faria (2018)
It recommends performing empirical research that specifically focuses on the reality
of Brazilian public hospitals.
Garcia e
t al.
(2021)
It suggests that new
studies be developed, focusing on comparisons of health
institutions with some compliance practices or programs concerning others without
any compliance program or practice in Brazil.
Nakamura
et al.
(2019)
It recommends conducting further studies with re
porting experiences in other financial
institutions, providing a set of compliance advantages for the sector.
Santana
et al.
(2021)
It points to the need for research to map and deepen management software that
facilitates compliance with current
legislation since these tools can support the
implementation of internal control and compliance areas in companies.
Silva
et al.
(2020)
Future research can be
performed
to
check
whether the intentions of reporting are
affected by the presence of the
compliance channel or, if not, to encourage efforts to
understand this phenomenon in more depth in the Brazilian market.
Silva
et al.
(2019)
Subsequent deepening of the research in the future, collecting new data and results
that allow a more accurate ass
essment of the program
’
s effectiveness in the medium
and long term. As it is a relatively new topic in Brazil, it also recommends performing
similar research on other large companies in the country, considering the low maturity
of Brazilian companies conce
rning the subject.
Souza
et al.
(2020)
It suggests performing further research on the results of adopting the IBP Guide in the
oil and gas sector in three or five years.
Source
:
Search data
(2021).
Among the proposals listed is performing research with micro, small, and medium
-
sized companies. The compliance theme applies to any type, branch, and size of the company
because being included in this context of compliance is a survival condition, a neces
sity to
thrive in the competitive market
(
Chiaretto
et al.
, 2017; Belarmino, 2020).
Furthermore, the
topic is relatively new in Brazil
(
Belarmino, 2020;
Costa et al., 2020),
indicating that
companies are starting to study and implement compliance
programs
.
Therefore, further studies
must assess the impacts and verify the effectiveness of the programs in the medium and long
image/svg+xml
104
term. These identified points allow inferring that there is a vast field of research in the academic
and empirical area to be e
xplored in future studies
.
Final Considerations
At the end of this study, which analyzed how Brazilian research on compliance in the
Spell® base is configured, it was possible to identify 19 publications on the subject, with a
greater concentration from
2018 to 2020. In conclusion, there are few scientific articles on the
subject published in this data source, and the existing ones emerged after the advent of the
Anti
-
Corruption Act
(
Law No.
12
,84
6, 2013)
and its regulatory decree
(
Decree No.
8.420,
2015),
with only one article that precedes this legislati
o
n
.
At this threshold, it is still necessary to say that the origin of the authors of the
publications is distributed in several universities, and the qua
lity of the publications is high,
considering that Qualis/Capes rates approximately 70% of them
in strata
A3 and A4. This
generates credibility for the studies developed and provides conditions for expanding the
considerations, as they are carefully
based
and constructed
.
As for the benefits observed in the survey, which can lead companies to implement a
compliance program, the following stand out: combating and preventing money laundering,
good reputation in the market, enhancing a competitive
advantage, mitigating risks with fraud,
corruption, and financial losses, transparency and credibility of public and private entities, and
engagement to do what is correct for stakeholders and society as a whole
.
The study also surveyed suggestions for fut
ure research, indicating new studies with
small and medium
-
sized companies, both to identify the existence of compliance programs and
seek the understanding of managers on the subject. In addition, the analyzed articles suggest
further research to determin
e the impacts of implementing the compliance program and
comparisons between institutions that adopt this program
.
Based on the considerations made, it is noteworthy that this research contributes as a
stimulus to researchers for the theoretical
-
empirical
deepening of compliance. It also provides
other readers (managers, entrepreneurs, and executives) with an overview of conceptual and
regulatory aspects and benefits of compliance for companies
.
The study also highlights the importance of academic discussio
n of relevant topics in
the field of business, as they enable academics and researchers to visualize
theoretical/empirical gaps for future research in the areas of Accounting, Administration, Law,
and related areas, in addition to arousing interest in prof
essional development at postgraduate
level
.
It is, therefore, a new source of research for students and scientists in the area on the
profile and evolution of the theme over the last few years
.
Thus, from the bibliometric analysis, the topic has still
been little explored theoretically
and empirically in academic circles, which implies that there is still a vast field of empirical
research to be explored in future studies. As suggestions for future research, in addition to those
listed by the studies an
alyzed, as shown in Table 6, other analyses can be conducted with the
survey of productions in congress annals and other national and international databases, in
addition to the global scope for new bibliometric studies
.
R
efer
e
nc
e
s
Amorim, E. N. C, Cardoz
o, M. A., & Vicente, E. F. R. (2012).
Os impactos da implementação
de controles internos, auditoria e
compliance
no combate e prevenção à lavagem de
dinheiro no Brasil.
Enfoque:
Reflexão Contábil,
31
(3), 23
-
35.
Assi, M. (2018).
Compliance: como
implementar
.
São Paulo: Trevisan.
image/svg+xml
105
Associação Brasileira de Normas Técnicas. (2021).
ISO 37301
:
Sistemas de Gestão de
Compliance.
https://www.abntcatalogo.com.br/norma.aspx?ID=468508#.
Belarmino, A. P. (2020). O
compliance
na percepção de micro e pequenos empresários.
Revista
Metropolitana de Governança Corporativa,
5
(2), 65
-
87.
Bertoccelli, R. P. (2021). Compliance. In: Carvalho, A. C. (Coord.).
Manual de
compliance
(3a
ed., x
-
x). Rio de Janeiro: Forense.
Birchal, D., Zaid
an, F., & Braga, J. (2020). Governança, riscos e conformidade: modelo
integrado utilizando a modelagem de processos de negócios.
Revista Eletrônica de
Estratégia & Negócios,
12
(3), 75
-
96.
https://doi.org/10.19177/reen.v12e3201975
-
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Block, M. (2020). compliance
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Bombassaro, L. C. (2015). Resenha do livro: Manual de ética, de Brum Torres, J. C.
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(2), 299
-
301.
Calixto, L. R., Cintra, Y. C., & Fonseca, A. C. P. D. (2020). Implementação das práticas de
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Sociedade, Contabilidade e Gestão,
15
(4), 178
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196.
Chiaretto
, S., Batista, C. P., & Barbosa, G. R. (2017). O
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Revista Metropolitana de
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Coimbra, M. A., & Manzi, V. A. (2010).
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Costa, M. S. S., Ferreira, C. A. A., Batista, C. P., & Chiaretto, S. (20
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