O INSTITUTO JURÍDICO DE COMPLIANCE E O AGRONEGÓCIO CAFEEIRO: a inserção de programa de conformidade à realidade de uma cooperativa cafeeira certificada pelo comércio justo localizada no Sul de Minas Gerais

Abstract

This paper analyzes the need for the insertion of Compliance programs to a coffee cooperative inserted in the southern region of Minas Gerais. Such an approach is due to the fact that the agrarian sector, as well as the entire Brazilian economic sector, needs good Corporate Governance practices in order to have greater credibility and legal benefits, as provided by Anti-Corruption Law No. 12,846, promulgated on August 1, 2013. The objective of this study is to analyze the reality of a cooperative, certified by Fair Trade, focused on coffee agribusiness in the south of Minas Gerais, with regard to the Legal Compliance Institute and to point out improvements to its governance structure. Qualitative in nature, this research carried out a Case Study of a small Cooperative, already certified by foreign fair trade programs, located in the southern region of Minas Gerais. 28 cooperative members participated in this study, 3 advisers and 5 collaborators. As questionnaires with the cooperative members, semi-structured individual interviews with the counselors and documentary analysis of the Cooperative Regulations and the FLOCERT Check List were used as research instruments. The results showed that the majority of the cooperative members are small; the Cooperative meets the minimum requirements required by compliance programs, the Fair Trade criteria and makes use of the principles of democracy, equity, ethics, transparency and equality. As much as the Cooperative does not have a good practice program in place, it makes use of its mechanisms to maintain the rigor required by Fairtrade and the Brazilian standards in force. A Manual of Good Practices was developed for the analyzed Cooperative.