Foreign Corrupt Practices Act: Path to Reduce Environmental Damage

Abstract

Carbon neutralization as a way to curb global warming is a matter that occupies a prominent place in the scenario of international law and Brazilian national law. In this context, the way in which the legal system can lead society to contribute to the implementation of carbon neutralization measures proves to be of paramount importance for the legal sciences, which is why this research is justified. Thus, this research aims to study the Foreign Corrupt Practice Acts - FCPA, the North American anti-corruption law, based on the premise that such legislation has foundations capable of, through a process of dynamogenesis, providing practical results for such effectiveness, with the consequent reduction of environmental damage. The investigation was carried out by means of a comparative study, using axiological rationality as the method of approach and, as a procedural method, critical analysis based on the reference system of economic analysis of Law, approached in a relational manner, indicating the efficiency of Law as an inducer of abstaining from harmful conduct to the environment. In the end, it was concluded that the legal application of the fundamentals extracted from the FCPA, having as reference the economic analysis of the law, is able to provide the reduction of environmental damages, through a process of dynamogenesis, capable of resulting in great commitment of the whole society.