Governança corporativa na Lei das Estatais: aspectos destacados sobre transparência, gestão de riscos e compliance

The State-Owned Enterprises Law arises in a troubled but not unprecedent moment of Brazilian politics, followed by revelations of unlawfulness linked to stated-owned enterprises, with the aim of establishing mechanisms that make these companies less susceptible to corruption scandals. A task that isn’t not easy due to the organizational complexity of the companies and their economic expressiveness in the national market. Three major blocks stand out in the law: corporate structure; corporate governance and contracting (bidding and contracts). The study aims to address aspects of corporate governance, presenting several practices that bring state companies closer to the most current practices of private sector governance. The article presents practices of disclosure, risk management and compliance, defining its contours, limits and possibilities, with the purpose of contributing to the most appropriate application of the new law. Finally, there is a conclusion of the establishment of the State-Owned Enterprises Law, when it brings the question of corporate governance to the political-normative epicenter of state-owned enterprises, with rules of transparency, risk management and compliance programs that improve the instruments and management mechanisms for combating and preventing corruption. The method and technique used are, respectively, the deductive and monographic, and the bibliographic research, with the analysis of related legislation and the doctrine about the subject.