A ética por trás da conta de energia: a utilização do compliance de integridade por empresas distribuidoras de energia elétrica no Brasil

Abstract

Electricity is a fundamental resource for human dignity and its production involves an extensive and heterogeneous chain, divided into generation, transmission, distribution and commercialisation. In Brazil, there are a number of state regulations relating to each of these stages of production, especially the segment at the end of the chain that deals directly with the consumer: electricity distribution. In this sense, since this is a public concession service and that it involves relationships with various stakeholders, mainly the Public Administration (direct and indirect) and the millions of consumers in the country, this study aims to investigate the trend towards implementing integrity compliance programmes in distribution utilities. The justification for this analysis stems from the ethical risks that these companies take on when dealing with different agents and in such a capillary way, such as bribery among employees and consumers, corruption involving public agents, fraud in tenders and contracts, among others. The methodology used in this work, in turn, is qualitative, bibliographical and documental, based on legislation, resolutions, guidelines and technical analyses on compliance, so that the modus operandi of the integrity policies of the main distributors in Brazil was explored. Through these searches, a trend was found among distribution companies to adopt robust integrity programmes, and these companies are even protagonists in awards that assess this issue in corporations from various sectors, such as the “Empresa Pro-Ética” seal, awarded by the Controladoria-Geral da União. For this reason, it was chosen to specifically explore the electricity distribution sector, which, despite adopting compliance policies that are not so different from other highly regulated sectors, has notable recognition. The study also seeks to gauge the impact of the Anti-Corruption Law (Law No. 12.846/2023), which recently celebrated its tenth anniversary, on distributors' concern with building a culture of integrity. Therefore, it is from a legal, ethical and scientific perspective that the tendency and role of electricity distribution companies in adopting integrity compliance practices in their corporate framework will be analysed.