Is it just for the money? Non-pecuniary sanctions on companies and individuals in Brazil: what the experiences of administrative authorities Cade, Carf, CVM and ANPD can contribute to the effectiveness of sanctions in Brazil
Non-Pecuniary Sanction. Sanction. Administrative Authority. Responsibility. Administrative Sanctioning Law; CADE; CARF; CVM; ANPD
This thesis analyzes the application of non-pecuniary sanctions to business entities and individuals in Brazil, focusing on the experiences of the administrative authorities CADE, CARF, CVM, and ANPD. The research aims to understand the effectiveness of these sanctions within the Brazilian regulatory framework, considering their implementation as an alternative to monetary fines. To this end, it conducts a quantitative and qualitative analysis of the sanctioning decisions issued by these institutions, identifying patterns, trends, and challenges in the use of these mechanisms. The approach adopted involves the collection and systematization of data on the imposition of these penalties, investigating their legal basis and impact on the behavior of regulated entities. Throughout the study, the limitations and potentialities of non-pecuniary sanctions are assessed, along with proposals for their improvement, with the goal of enhancing regulatory effectiveness and ensuring greater compliance with administrative norms. This research contributes to the debate on the modernization of Brazil's sanctioning system by providing insights for the development of more efficient guidelines and the consolidation of practices that maximize the preventive and punitive functions of administrative sanctions.