Compliance and integrity
In this extraordinary situation created by the covid-19 pandemic, companies must strictly observe their integrity programs in order to avoid increased exposure to risks. Here are a few recommendations on interacting with the Government.
Among the actions taken this year to combat corruption, one of the main goals of the federal government, the promulgation of Decree No. 9,764/19 certainly represents one of the most relevant milestones in improving public-private interaction and dialogue. In summary, the decree regulated how bodies and entities that are part of the structure of the direct federal Public Administration can receive donations of movable goods and services from private individuals or legal entities without costs or charges.
The professionals who work in the area of corporate integrity have raised great expectations regarding the beginning of the new federal government this year, especially regarding the performance of the new justice minister, former magistrate Sergio Moro, who became known for the judgments in the largest corporate corruption case in Brazil, Operation Carwash.
Effective since January of 2014, the Anti-Corruption Law (Law No. 12,846/13) has built a legacy of changes in corporate culture over the past five years. The scenario today is very different from the one observed at the beginning of its enactment, when corruption risks seemed far from the corporate reality, and companies still saw megaoperations of the Federal Police and the Public Prosecutor’s Office as episodes restricted to political agents.
In September, the Ministry of Transparency and Comptroller-General of the Union (MTCGU) published the Practical Handbook for the Evaluation of Integrity Programs in the Administrative Accountability Procedure of Legal Entities (PAR). The document seeks to provide guidance and assurance for public servants with the Federal Executive Branch responsible for conducting the PAR, instituted by Law No. 12,846/2013 (the Anti-Corruption Law), especially members of the Administrative Accountability Procedure Committee (CPAR).
Law No. 12,846, also known as the Anti-Corruption Law, was enacted five years ago, on August 1. Not only an important improvement in the legal framework to combat corruption, it has led to the strengthening of a culture of integrity and corporate governance in both private and state-owned companies.
The Brazilian Clean Company Act or the Anti-Corruption Law (No. 12,846/2013) became noteworthy due to the creation of a normative framework that allows for punishment of companies for acts of corruption carried out on their behalf or benefit. Following market trends and global best practices, the same law also established an incentive to create and implement integrity (or compliance) programs within companies.
The Ministry of Transparency, Supervision and Control (CGU) and the Federal Attorney General's Office (AGU) announced on July 11 a leniency agreement with UTC Engenharia, the second one signed under the terms of the Anti-Corruption Law (12,846/2013) and the only one in force in Brazil, signed by an internal control agency.
Competition compliance programs are part of the risk management systems of companies that are concerned with possible financial losses resulting from any noncompliance with the Competition Law (Law No. 12529/ 2011), such as fines imposed by the Administrative Council for Economic Defense (Cade), devaluation of shares, termination of contracts, and possible civil, administrative, and criminal liability of the company’s directors and officers.
Inovadora em vários aspectos, a Lei da Empresa Limpa ou Lei Anticorrupção (12.846/2013) incorporou ao ordenamento jurídico brasileiro disposições já presentes em outros países, como os EUA e o Reino Unido.