O futuro corporativo depende do compliance?

O futuro corporativo depende do compliance?

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Artigo Cynthia Catlett, diretora-gerente na área de Prática de Investigações e Riscos Globais da FTI Consulting, responde.

O compliance, implantação de processos de conformidade com padrões regulatórios, tem se tornado um sinônimo de legitimidade e confiança, sendo hoje uma prioridade em empresas do mundo inteiro, inclusive no Brasil, palco de recentes crises e escândalos. Diante da crescente complexidade das atividades empresariais e do ambiente regulatório, além da exposição da fragilidade das empresas diante da não adoção de supervisões adequadas, o compliance passou a ser uma obrigação de uma administração responsável e próspera. Afinal, companhias que apresentam controles enfraquecidos se veem às voltas com falhas operacionais e fragilidade dos processos, o que facilita a ação de fraudadores.

Porém, antes de implantar uma estrutura de compliance, é preciso observar que há diferenças a serem consideradas no processo de aplicação e de formulação de suas diretrizes. Nessas horas, cabe aos consultores educar o empresariado brasileiro, que muitas vezes se sente confuso em relação ao assunto.

É preciso desmistificar as divergências que existem entre departamentos e funções de compliance e auditoria interna, lembrando que um não anula o outro. Enquanto o compliance procura atuar na fase de definições ou estabelecimento de regras, procedimentos diários, treinamento individual e de áreas, além da conscientização de todas as partes interessadas, acionistas, colaboradores, fornecedores, funcionários, entre outros, a auditoria busca identificar oportunidades de aperfeiçoamento, tornar os controles mais eficientes, detectar indícios ou existência de irregularidades na organização. Ou seja, de nada adianta a implantação de tantas ferramentas se elas não forem fiscalizadas de forma independente.

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Os gastos na implementação de uma política de compliance podem ser divididos em três aspectos: custos de manutenção, de não conformidade e de governança. O primeiro se refere aos custos para executar e promover essa política, como gasto de pessoal, treinamento, comunicação interna e consultoria. Já no segundo caso, podemos citar penalidades, multas e tributos, custos de remediação, perda da receita, interrupção dos negócios e perda da produtividade, impacto no capital, danos à reputação da empresa, de seus empregados e da marca, despesas com advogados, custos judiciais e valor/hora da alta administração. Por último, mas não menos importante, os gastos com governança se resumem à manutenção e às despesas da diretoria e dos comitês, custos legais e jurídicos, contratação de auditoria externa e relacionamento com investidores e comunicações.

Lembrando que as empresas brasileiras que pretendem adotar programas de compliance hoje contam com uma estrutura de incentivo estabelecida, que incluem a governança corporativa, o Índice Dow Jones, a Lei Sarbanes-Oxley, o Índice de Sustentabilidade Empresarial, o UK Bribery Act, o Foreign Corrupt Practices Act (FCPA), entre outros. Nesse sentido, a Lei Anticorrupção Empresarial do Brasil também serve como instrumento de direcionamento e estímulo a uma conduta empresarial ética e de combate à corrupção, com o intuito de reforçar a confiança dos investidores no âmbito nacional e internacional e trazer benefícios à sociedade brasileira.

Os programas de compliance ganharão ainda mais importância diante das recentes crises políticas e financeiras que afetam o Brasil e o mundo, uma vez que são mecanismos para avaliação e neutralização de riscos já existentes e que virão a existir com o surgimento de novas regulamentações.

Fonte: Jornal do Comércio 
Data: 05 de julho de 2017
Acesso: 07 de julho de 2017

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