Compliance and Investigations Newsletter n.03

The Compliance and Investigations Newsletter provides information on the main news, trends, cases and legislation related to this segment, in Brazil and abroad. This material is for informational purposes and should not be used for decision making. Specific legal advice can be provided by one of our lawyers.

Happy reading!
Compliance and Investigations Team

 


World Bank releases metadata regarding study on “Ethics and Corruption in the Federal Public Service: Civil Servants’ Perspectives”

The World Bank’s study on Ethics and Corruption in the Federal Public Service was carried out in partnership with the Brazilian Office of the Comptroller General (CGU), the Ministry of Economy, and the Brazilian National School of Public Administration (Enap). The study surveyed public officials of all federative units and ministries, totaling 22,130 respondents. Out of such respondents, 58.7% stated that they had witnessed some variety of unethical practice throughout their career in public service. The most frequently reported practices include the use of an official position to benefit friends or family, as well as bending the rules due to pressure from superiors. About 33.4% of the public officials involved in the survey stated to have witnessed some variety of unethical practice over the past three years.

The study on Ethics and Corruption in the Federal Public Service also discloses a great deal of granular information regarding the nature, prevalence, and vulnerable actors concerning corruption in Brazil. Such data and information can become a valuable source of knowledge on corruption in the federal public service.

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Transparency International reports Brazil to the OECD for setbacks in the fight against corruption

On March 09, 2022, Transparency International delivered a report to the Organization for Economic Co-operation and Development (“OECD”) pointing out setbacks in the fight against corruption in Brazil. Among the various criticisms highlighted by Transparency International, the following stand out:

  • “Bolsonaro’s ‘control’ over Congress, through the so-called ‘secret budget’;
  • omission by Federal Attorney General (PGR), Augusto Aras;
  • the loss of independence faced by anti-corruption bodies; and
  • systematic disregard for the country’s Access to Information Law”.

It is worth remembering that in March 2021, the OECD, already concerned about the setbacks in the fight against corruption in Brazil, created a permanent working group to monitor the evolution of the topic here in Brazil. This new Transparency International report might have a negative impact on Brazil’s objective of becoming an OECD member country.

Ethisphere’s 2022 Ethics Index announces “2022 World’s Most Ethical Companies”.

Ethisphere, a leading institute on the standards of ethical business practices, published its annual index announcing 136 honorees, representing 22 countries and 45 industries, that have earned the designation of “World’s Most Ethical Companies in 2022”. The list includes 14 first-time honorees and 6 organizations that have been named in all 16 editions of the report. The only Brazilian organization awarded was Natura & Co.

Ethisphere’s parameters for awarding the designation considers the following aspects: (i) Governance, (ii) Leadership and Reputation, (iii) Ethics and Compliance, (iv) Culture of Ethics and (v) ESG (environmental, social and corporate governance).

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Javier Tebas, President of LaLiga, highlights the importance of implementing compliance and corporate governance rules in order to raise funds for soccer in Brazil.

In an interview given in March 2022, the President of the Spanish League (LaLiga) Javier Tebas, said that there are several international funds willing to invest in Brazilian clubs and competitions, which could elevate Brazilian soccer to the same level as the 5 biggest leagues in the world. He estimates that 15% of the Brazilian national league could be sold for more than USD 1 billion. However, Tebas emphasized that such foreign investment can only occur through the implementation of compliance and corporate governance rules by the clubs and league associations. Otherwise, the investment funds will not come to Brazil. According to Tebas, such investments will only be made once reliability and transparency in the decision-making of Brazilian clubs and leagues are ensured.