Abstract
The development of criminal compliance has raised discussions about the substantive and procedural consequences of the corporate self-regulation paradigm, which implies the normative delegation of investigative functions to the organization, within the framework of a program of management, supervision and control, regarding the crimes committed in its orbit. In this context, the problem of legality, validity and value of criminal evidence obtained in the internal corporate investigation emerges. This article problematizes issues such as the possibility of using, in criminal proceedings, illegal evidence obtained by a private individual within the scope of the organization, in the light of substantive fundamental rights, and the parameters of validity of acts and investigative outcomes in the light of procedural guarantees. The methodology of the work is of a qualitative nature, with indirect investigation, through bibliographical research (Brazilian and foreign doctrinal, legislative and jurisprudential sources), with an exploratory, descriptive, explanatory and propositional approach.
Keywords
Criminal compliance; corporate self-regulation; internal corporate investigation; legality of evidence