Compliance e responsabilidade nas relações contratuais firmadas por empresários

Abstract

This paper presents an approach about compliance and contractual relationships that, signed by businessmen, generate a series of responsibilities, the compliance of which has been more observed by the legislative and judicial system, through regulations, greater inspection and collection to the compliance with the pertinent norms, pursuing, as far as possible, to mitigate the recent corruption scandals and frauds involving various Brazilian companies, entrepreneurs and politicians. In addition, contractual relationships take on a new face, given the need for organizations to adapt to new demands, including social ones, that yearn for a market where companies are charged and recognized for integrity, ethics and initiatives that involve sustainability. The objective of the research is to present how the compliance programs adopted by companies can serve as a basis for a positive transformation of organizational culture, able to reverberate changes that go from contractual to functional and structural aspects, so that the image and reputation of the companies remain righteous in the face of market risks. Therefore, through a literature review, we initially sought to present the concept of compliance and its interference in the social function of the contract, the applicability of compliance, detailing the tools of compliance programs that have greater relationship with the contractual spheres, then compliance and noncompliance costs were analyzed, contractual equilibrium was observed, especially in view of compliance impositions by contractual business partners, and finally, compliance in contractual relations was verified, with emphasis on labor, environmental and consumerist contracts. Given the study, it is concluded that compliance is an alternative to make contractual relationships signed by businessmen more righteous and that meet the legal and social standards and expectations.