For CGU, the rule eliminates gaps in other legislation and avoids the recession of resources with the adoption of the administrative process

The chief minister of the Federal Comptroller General (CGU), Jorge Hage, said last month, at the 2014 Latin America Ethics Summit, in São Paulo, that Law 12.846 / 13 will boost the fight against corruption. For Hage, the rule brings innovations, such as the clear typification of the offender, who now reaches legal entities, strict financial punishments and the administrative process to speed up convictions.

“Before, the agent of illicit conduct was not standardized,” said Hage, referring to the diffuse typification in milestones such as the General Procurement Law, Improbity Law, Liability Crimes Law and others. “In the Bidding Law, it only affected the legal entity. It did not reach the company's equity. The fines were insignificant and [the norm] provided, at most, for suspension of activities. ”

For the chief minister of CGU, the Anti-Corruption Law corrected this deficiency by clearly establishing that companies and non-profit organizations can be punished if they violate public administration. The punishment, of up to 20% of the billing or, in the limit, of R $ 60 million when it is not possible to measure it, is applied even if the offense was committed by an employee regardless of the management's knowledge or consent.

This was one of the points criticized in the rule, which, in the opinion of some jurists, would render the text unconstitutional. In a clear response to these criticisms, Hage said that “strict liability” is not new in Brazil (when the organization becomes responsible for the illicit acts practiced by its employees, collaborators and even service providers).

In the same way, Hage understands the instrument of the administrative process to be "not new". He reinforced the position that the mechanism was chosen to speed up the convictions. "We understand that we should force the administrative route to the limit of the Constitution, since the procedural law provides for many resources and needs to be changed," he said.

The minister trusts that the Anti-Corruption Law will have a deterrent effect on companies that consider illegal practices to do business with the State. He also hopes that the standard will encourage the adoption of compliance programs to prevent, detect and react to acts of corruption within companies.