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Governo Federal lança novo pacote anticorrupção


3/19/2015 9:00 PM Demarest News

The Federal Administration releases the Anti-Corruption Pack
 
In a Public function that took place at Palácio do Planalto this Wednesday March 18,  President Dilma Rousseff announced the release of a series of legislative measures aiming at enhancing the efforts to curb the proliferation of corruption activities within the Administration. The package contemplates measures that vary from the proposition of bills to the enactment of regulatory decrees.
 
The announced legal bills contemplate, among others, measures such as:
 
  • the characterization, as criminal conduct, of frauds in electoral environments, such as the so-called "Caixa 2", upon penalization of donors, persons representing involved legal entities and political parties; 
  • the seizure of property and possession rights over assets obtained as a result of criminal activities, including situations of administrative misconduct or unlawful enrichment;
  • the mandatory of irreproachable conduct records of public workers as a condition to engage in activities with the Executive, the Congress and the Judiciary branch; and
  • the characterization of criminal offense of situations of unlawful enrichment (Bill n. 5.586/2005);
 
Equally relevant was the request of fast track processing regarding the analysis and approval of Bill n. 2.902/2011, which provides for the creation of injunctive relief measure destined to freeze the availability of assets obtained in any illicit manner in order to avoid the sale of such assets throughout the evolvement of the criminal investigations and related legal actions.
 
Additionally, the Presidency enacted an executive decree required to complement the regulation of the so-called Anti-Corruption Law 12.846/13, which provides for the administrative and civil responsibility of legal entities involved in unlawful activities opposed to the interests of the Public Administration — either within the Brazilian jurisdiction or in foreign jurisdictions. Such decree should set forth more objective parameters for the application of the Anti-Corruption Law, particularly in connection with the creation of compliance programs by both local and foreign legal entities operating in Brazil. 
 
Lastly, the Federal Administration announced the constitution of a working group to be devoted to develop additional measures for expediting the pace of legal actions in Courts across the country, as well as administrative cases and other investigative procedures related to wrongdoings against the public wealth.
 
All such activities shall be coordinated by the Ministry of Justice upon the joint work of the National Council of Justice, the National Council of the Justice Department, the General Comptroller of the Union, the General Advocacy of the Union and the Brazilian Bar Association.
 
Demarest Advogados
Compliance Team

 
Bruno Drago bdrago@demarest.com.br 55 11 3356-1776
​Fabio Braga fbraga@demarest.com.br ​55 11 3356-1668
​Renato Poltronieri rpoltronieri@demarest.com.br ​55 11 3356-1828
Fabíola Rodrigues frodrigues@demarest.com.br 55 11 3356-1738
Paulo Dantas pdantas@demarest.com.br 55 11 3356-2117
 

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