Sanctioning mechanisms ín private orders

• Grant number: 20/09148-4
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: October 01, 2020
• End date: September 30, 2021
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Eduardo Saad Diniz
• Grantee: João Victor Palermo Guimarães Gianecchini
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The research is inserted within the current context of the criminal justice and regulatory system, known as regulatory pluralism, in which the State and the private sector share responsibility for promoting the coregulation of corporate behavior. In order to achieve this joint regulation between the state and the private sector, it is necessary to develop the assumptions of self-organization by the private regulatory orders in such a way that they are capable of regulating, controlling and punishing social harmful corporate behavior. This research is bounded in the study of the legal effects of the sanctioning mechanisms that can be deduced of private organizations, examining how these may constitute legitimate corporate codes of conduct to guide the investigation and sanctioning of infractions within the corporation itself. After the study of corporate self-organization in the private sphere, it will be analyzed how companies develop the sanctioning mechanisms to impose punishments and disciplinary measures on officials and other corporate functionaries that violate their codes of conduct. The research aims to organize the theoretical framework responsible for the development of private organizations such as normative and decision-making bodies within companies, whose functions are delimited by the duty to detect and punish legislative and regulatory infringements in the context of business. The deductive method will be employed, guided by the literature review available on the constitution of private normative orders, regulatory pluralism and organisation of studies on the development of its sanctioning mechanisms. (AU)