O uso da prova produzida na investigação interna das pessoas jurídicas em casos corrupção e a (in)exigência da observância dos standards probatórios e da cadeia de custódia da prova / The use of proof produced in the internal investigation of legal...

Abstract

This article aims to discuss the (un)requirement of compliance with official state investigative rules by companies in conducting internal investigations, focusing on evidence chain of custody and the discussion on proof standards, as the establishment of criteria capable of verifying the control of decision content’s rationality on the evidence production and its
balance. In this sense, it was sought, through the use of the dialectical method, with a qualitative approach of bibliographic, jurisprudential and legislative review, to address the importance of compliance policies for the prevention and repression of corruption and even transnational bribery, to then address specifically of internal investigations in the legal entity, the evidence that can be produced and its possible limits to, finally, analyze the evidence chain of custody and the proof standards.