Andrade Gutierrez has ratification and will return R $ 1 billion to public coffers

Judge Sérgio Moro ratified, on Thursday, the winning plea from construction company Andrade Gutierrez under Operation LavaJato.

In addition to formalizing the contractor's collaboration in the investigations, the agreement provides for the return of R $ 1 billion to public coffers. The amounts will be refunded in just over eight years.

Click here to see the full text leniency term of Andrade Gutierrez

Source: Valor Econômico newspaper (9/05).

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Corruption cases require radical changes in companies

Assuming the mistake, creating an inspection program and acting quickly are essential steps to regain credibility

Reformulate yourself. This was the measure adopted by Siemens after leading one of Germany's biggest corruption scandals. Investigated by officials in his country and the United States, the company paid a $ 2007 billion fine in 1,6 for bribing authorities in several countries to win attractive contracts. That same year, the company took an important step: it consolidated its corporate governance department and adopted a well-structured compliance system. In addition to the payment of the fine, some steps were taken. Siemens collaborated with the authorities' investigations, dismissed corrupt officials and took on an enforcement and rules program. Such measures made the company a model of corporate governance, even after the scandal. “We were not ashamed to assume our mistake, which is perhaps one of the great challenges of the Brazilian market”, points out Reynaldo Goto, director of compliance for the group in Brazil, where fraud in São Paulo train contracts were discovered in 2013 and reported to the Public ministry. A similar strategy has been taken by Petrobras, whose contracts and members are being investigated by the Lava Jato operation. In 2015, the Governance, Risk and Compliance department was created and in December of the same year the "Daqui pra frente" hotsite was launched for executives to answer the main questions from the public. The state company also conducts research with the external public. "The results obtained contribute to guide the company's actions in search of recovering its image", says the company.

Source: O Estado de São Paulo newspaper (12/04)

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MPF concludes the first phase of the campaign with the delivery of more than 2 million subscriptions to society

The Federal Public Prosecutor's Office (MPF) held, last Tuesday (29/03), in the Attorney General's Office, in Brasília, a ceremony to deliver to the civil society the 2.028.263 signatures collected by citizens from all over Brazil in support of the Campaign 10 Measures against Corruption. Organized by the MPF Anti-Corruption Chamber, the event brought together more than 600 people, including authorities, artists, representatives of civil entities and volunteers.

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INTEGRITY: a great deal for your company



Pro-Ethics it results from the combination of efforts between the public and private sectors to promote a more wholesome, ethical and transparent corporate environment in the country. The initiative consists of encouraging voluntary adoption of integrity measures by companies, through public recognition of those that, regardless of size and industry, are truly committed to preventing and combating corruption and other types of fraud. .

After undergoing a restructuring process during 2014, Pró-Ética returned, in 2015, with a new format, adapted to the changes that occurred with the approval of Law No. 12.846 / 2013, also known as the Anti-Corruption Law. 

Among the main changes, we highlight the new evaluation methodology and the new form of disclosure of companies that are positively evaluated by the Management Committee. 

Now the evaluation is annual and begins with a previous profile analysis of each company, followed by a questionnaire with open questions. This innovation allows a more qualitative examination of the integrity programs, as they are evaluated according to the specifics of the company, based on the assumption that an effective program must be developed to meet them.

The form of disclosure was also modified, and it started to be made through the publication of an annual list of companies approved by the Management Committee that year. Every year, an event is held to announce the list and deliver the Pró-Ética brand to approved companies.

It is also intended to disseminate the best integrity practices presented during the year, which expands the possibility of sharing good ideas and projects for companies that wish to create or improve their integrity programs and, at the same time, reinforces visibility in around Pro-Ethics companies.

Another highlight in the new Pro-Ética structure is that all companies that participate in the assessment will receive a report with a detailed analysis of their integrity measures. Thus, even that company that is not yet able to be included in Pró-Ética's annual list can take advantage of participation in this initiative to improve its integrity program in accordance with the assessment received and the best practices that will be disclosed.

Pro-Ethics Objectives 

  • Recognize good practices for promoting integrity and preventing corruption in companies that voluntarily adopt the desired and necessary measures to create a more integrity, ethical and transparent environment in the private sector and in its relations with the public sector;
  • Make companies aware of their relevant role in tackling corruption by taking an affirmative stand for preventing and combating illegal and unethical practices and in defense of socially responsible relationships;
  • Encourage, within the private sector, the implementation of measures to promote ethics and integrity and against corruption; and
  • Reduce the risks of fraud and corruption in relations between the public and private sectors.


Source: CGU

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MPF asks for compensation over R $ 7 billion to defendants of Lava Jato

São Paulo - The Federal Prosecutor's Office in Curitiba filed an administrative misconduct lawsuit against former Petrobras directors Renato Duque and Paulo Roberto Costa on Saturday, former executive manager Pedro Barusco and former employee Celso Araripe De ?? Oliveira, Odebrecht SA and Construtora Norberto Odebrecht and against executives Marcelo Bahia Odebrecht, Marcio Faria da Silva, Rogério Araújo, Cesar Rocha and Paulo Sérgio Boghossian.

According to the Attorney General's Office, this is the sixth administrative misconduct action under Operation Lava Jato.

In the lawsuit filed, the Federal Public Ministry asks that the defendants be ordered to pay R $,40. This amount includes the reimbursement of R $ 520.592.127,60, equivalent to the total bribe paid under the contracts, the payment of a civil fine totaling R $ 1.561.776.382,80 and the payment of collective pain and suffering in an amount not less than R $ 5.205.921.276,00. In addition, defendants are asked to be prohibited from contracting with the government and from receiving tax benefits or incentives.

Source: UOL (12/03)

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Lava jet prosecutor criticizes changes in MP

Attorney Carlos Fernando Lima: Brazil 'pretends to punish' those who break the law - Geraldo Bubniak / / 19.06.2015

SAO PAULO and BRASÍLIA - The changes made to the provisional measure of leniency agreements before their publication, revealed this Sunday by GLOBO, show that the federal government had the objective of "making life easier for contractors" involved in corruption schemes. The opinion is from one of the members of the Lava-Jato task force, attorney Carlos Fernando Lima, for whom Brazil “pretends to punish” those who break the law. Two points were removed: the one that dealt with full damage repair and the one that provided for the removal of officers for up to five years.

Source: O (16/02/2016)

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Positive and debatable aspects of the new anti-corruption laws

Gilson Dipp - Former Minister of the STJ

This was the theme of a lecture by ex-minister Gilson Dipp, of the STJ, at a meeting of the ETCO Advisory Council

Among the topics on which the ETCO-Brazilian Institute of Ethics in Competition works, none has had as much news in recent years as the fight against corruption. In 2013, after gigantic popular demonstrations, the new Anti-Corruption Law and the Criminal Organizations Law were approved, which instituted instruments such as the award and the leniency agreements. In 2014, there was the Lava Jato operation, with its repeated phases and revelations that have kept the theme in focus all the time.

To contribute to the reflections on the matter, the last 2015 meeting of the ETCO Advisory Council, held in Rio, on November 27, had a special guest: former Minister Gilson Langaro Dipp, of the Supreme Court of Justice. With the experience of who was also minister of the Superior Electoral Court, president of the group that prepared the draft of the new Penal Code and member of the National Truth Commission, he gave a lecture to share with the counselors his vision of the new laws and their possible impacts. Then he gave the following interview to ETCO in Action.

ETCO - Recently, Minister Carmen Lúcia Rocha, of the Federal Supreme Court, said she was appalled at the scorn at which acts of corruption are practiced today in Brazil and said she believed that the crime will not win justice. In your opinion, is corruption winning justice?

Gilson Dipp - I think Brazil is advancing in the legal system, in the judicial system. The Lava Jato operation is the largest and most effective criminal proceeding in Brazil in terms of effectiveness, in terms of convictions. You have never seen anything like it. I think we are winning a stage. Impunity, which is the main driver of corruption, is appearing. There is no point in making corruption a heinous crime if there is no punishment. The certainty of impunity is what fuels this entire chain. I think Brazil is improving a lot, we are living in a new era. Now, we have to be aware that we are still starting a process. Much will still be said and decided, much decision will be reformed, many involved may not even be denounced. Many may have a reduced sentence, many will be released.

ETCO - Do you see any negative points in the way the law has been applied?

Gilson Dipp - I have some doubts, not about the effects, but about some methods used to fight corruption. For example, in terms of pre-trial detention. Pre-trial detention needs to have a time limit and motivation of its own, as a threat to the economic order or to investigation. I am concerned about using preventive prisons to give satisfaction to society. This may be leading to some distortions.

ETCO -  Is Justice prepared for this new moment?

Gilson Dipp - In spite of all these facts and all the new laws, whether the Anti-Corruption Law, the Criminal Organizations Law, or the award-winning plaintiff, we do not have our own Brazilian doctrine, much less jurisprudence on the subject, so all of this will depend on the evolution of events. It is an unprecedented case. In the case of awarded claims, for example, I am concerned to see that the Supreme Court and the first degree judge are acting on the same facts, on the same people, and making decisions that can be contradictory.

ETCO - Recently, Andrade Gutierrez signed a leniency agreement and promised to return about R $ 1 billion. Before, Camargo Corrêa had committed to return R $ 800 million. Former Petrobras executives who made a winning statement also made millionaire returns. This is also unprecedented.

Gilson Dipp - Such asset recovery has never been seen. I have been studying this subject for a long time and, until recently, it was practically impossible. But today there is a confusion of powers that could harm future leniency agreements. I am concerned to note that whoever is doing the screening and giving the last word is not the Federal Comptroller General, but the Public Prosecutor's Office, which has its own and exclusive attributions and different constitutional powers. I know of companies that did not make a leniency agreement because they were told to deal with the prosecutor. This is a distortion of the law. Today, it may be working, but I don't know if it will work tomorrow.

ETCO - Do we need more laws to fight corruption?

Gilson Dipp - In Brazil, we have the habit of launching packages of laws on occasion. It happened after the events of June 2013, because of all that public commotion. There were packages from the Executive, the Public Ministry and even the OAB. Many proposals are good, but they need to be well debated, and this is a long process. When this process is rushed just to satisfy society's yearnings or perceived corruption, it can cause a number of problems.

ETCO - Is this the case with the Anti-Corruption Law?

 Gilson Dipp - I think it is being applied at an inappropriate time, at a peculiar moment, because it was not made for Lava Jato, it was made for Brazil, for the future. I do not believe in the effectiveness of the Anti-Corruption Law because it is a criminal law disguised as a civil and administrative law. Therefore, in the future, a series of questions will arise from companies, including from management, from Justice, when certain aspects are questioned. It is not the case now because everyone is scared. But, the moment normality returns, the defects of the law will appear.

ETCO - What do you think of the campaign 10 Measures Against Corruption, promoted by the Federal Public Ministry, to change laws and procedural aspects related to this type of crime?

Gilson Dipp - It seems to me that it is an opportunistic package. There are some good proposals that need to be discussed a lot, such as the classification of illicit enrichment. I also agree that there needs to be a change in Brazilian law regarding the amount of judicial remedies. But there are controversial points, such as the proposed arrest after a high school sentence. The Constitution says that the presumption of innocence occurs until the conviction is final. To change that, we would have to change the constitution. And even if such a law is passed, from prison after second degree conviction, there will always be a constitutional institute for habeas corpus. Now, increasing the penalty for corruption, turning it into a heinous crime, does not solve it.

ETCO - What is your assessment of ETCO's work?

Gilson Dipp - I have always appreciated the ideals of transparency, fair competition and ethics that the Institute advocates. Institutions with ETCO credibility can influence changes in habits, changes in attitudes and even help to formulate or interpret laws, helping the country to move forward.

Brazil worsens in the ranking of corruption to 76th place among 168 countries

GENEVA - From the outside, corruption in Brazil remains on the rise. The country's position in an international index of perception of corruption in the public sector has suffered the greatest deterioration in the last 12 months, together with that of Lesotho. The “Corruption Perception Index 2015”, organized by Transparency International (TI), lists countries based on a scale of zero (highly corrupt) to 100 (very transparent).

In the report, Brazil receives 38 points, five less than in the previous year, loses seven positions in the classification and
now it drops to 76th place among 168 countries. “It is not surprising that the perception of Brazil has deteriorated since
the scandals of the monthly allowance, the construction of stadiums and the investigation of Operation LavaJato,
that the world
can see how the existence of a corruption network including politicians from different parties, civil servants
Petrobras, many entrepreneurs and owners of large construction companies, ”said Alejandro Salas, regional director for

Source: Valor Econômico (27/01)

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