O regime internacional privado anticorrupção das transnacionais

Abstract

The present research seeks to contribute for the academic debate on the subject of transnational corruption and the exercise of private governance through regulation, without any ambition to exhaust the discussion. The analysis is justified, above all, because corruption is now a transnational phenomenon that affects all societies and economies. The ultimate success of the fight against corruption depends upon international cooperation of the various actors involved, included the transnational corporations. Initially, it seeks to critically analyze the concepts of global governance and private governance, within the contemporary context of the phenomenon of globalization, both in relation to its establishment and legitimacy. From this analysis, it was highlighted the emergence of the new lex mercatoria, fashioned by a body of norms to conduct the activities within TNCs` supply chain. Such investigations were the starting point for evaluating development and the responses of International Law to this new reality. Next, the research investigates transnational corporations, as a private actors on the rise, and the subject of transnational corruption, concept and effects. Finally, an overview of the International Anti-Corruption Regime was made, to after justify the raise of a Private International Anticorruption Regime of the TNCs, which is inspired by other international and domestic sources, but is sustained through the legitimate exercise of private authority, mainly within their respective supply chain, through contracts and codes of conduct. Rules aimed at regulating, essentially, the supply chain, by acting or not, in accordance with ethical established by the TNC, subjected to penalties. Finally, the petroleum industry's chapter was developed because it is a large-scale industry, essentially transnational, and with a large number of cases of transnational corruption.