In two earlier posts, I looked at enforcement in Brazil during the prior calendar quarter. The first post described some of the enforcement actions and investigations that are ongoing, and the second post focused on graft scandals that could have a particular impact on the government.
In this post, I’ll review some recent efforts and proposals by federal authorities and a local government to fight corruption.
Clean Company Act regulations: The Office of the Comptroller General of the Union (CGU) issued two ordinances. The first provides rules for the assessment of compliance programs. The second contains rules for the assessment of administrative responsibility and for the negotiation of leniency agreements in enforcement actions. Two instructions were also published. One establishes the methodology for the calculation of gross revenues and the other regulates both the National Registry of Inapt and Suspended Companies (CEIS) and the National Registry of Punished Companies (CNEP).
Ten proposed anti-corruption measures: The Federal Prosecution Service (MPF) sent to Congress ten measures to help prevent corruption and to fight against it. Suggestions for legislative changes include an integrity test for public officials, criminalization of unlawful enrichment, increased penalties for high value corruption, liability for political parties, criminalization of engaging in slush funds, review of the appeal system and the appropriateness of habeas corpus, changes in the statute of limitations, and legal tools to recover embezzled money.
São Paulo’s anti-corruption package: The mayor of São Paulo, Fernando Haddad, and the City General Comptroller (CGM), Roberto Porto, announced an anti-corruption package for the city. According to the mayor, the package brings together actions that will conform the city’s efforts to best national and international practices to combat corruption and other related irregularities.
Lucas Zanoni is an undergraduate student of law at the University of São Paulo and a legal intern on the compliance and anti-bribery team of Chediak Advogados. The firm offers legal assistance for both Brazilian and international clients across different industries and business sectors.