ETCO website improvements

ETCO-Instituto Brasileiro de Ética Concorrencial has made some improvements to its website. The main objective was to give even more emphasis to the priority themes of the Institute: anti-corruption movements; combating smuggling, piracy and counterfeiting; solution to the fiscal war; combating tax evasion; reduction of the informal economy; and projects for tax simplification.

In addition to gaining space on the home page, the themes now have specific sections on the website, which bring news, events and other information about each one.

Other changes sought to facilitate access to information, such as the inclusion of a button, in my “publications”, for previous versions of this Newsletter.

Tax default causes cancellation of special registration of cigarette manufacturer

Minister Joaquim Barbosa, of the STF, accepted the request of the Federal Government and maintained the legality of the RF act that canceled the special registration of a cigarette manufacturer due to tax defaults.

In his decision, JB stated that "the risk to individual and collective health is well characterized", as there is "a strong relationship between the tax burden and the formation of the sale price of products and services".

The minister explained that the option cost, "that is, all the utility that the buyer loses when purchasing a good in exchange for money, increases approximately at the rate of the price increase, influenced by the tax burden".

The case

According to the Federal Government, the tobacco company had its special registration canceled due to tax defaults. It is stated in the records that the judgments of the 5th Federal District of the DF and the TRF of the 1st region “have systematically been granting favorable measures for the continuity of the operation of the interested company”.

The Brazilian Institute of Ethics in Competition - ETCO, which acts in the process as an assistant to the Union, took market information to the minister that demonstrated that the permanence of a persistent tax evader in the cigarette market, without being subject to any sanctions, violates free enterprise and balanced competition in a sector marked by the extremely high tax burden.

The company, however, stated that there is a material error in the data presented by the Union, in reference to the composition of the company's active debt.

In analyzing the case, Minister JB also explained that the abbreviated procedure for canceling the special registration for the operation of companies refers exclusively to the tobacco industry, "for precise and proven issues in addition to reasonable doubt related to public health."

The minister also stated that “the risk argument for free enterprise and balanced competition would only be admissible if each taxpayer could fully control the criteria used to apply tax rules, both those that define the tax burden and those that effectively prohibit tax. exercise of lawful economic activity ”.

The Brazilian Institute of Competition Ethics - ETCO acts as an assistant to the Union and is represented in the lawsuit by lawyer Ana Tereza Basilio and lawyer Marcelo Ludolf, both from the firm Basilio Advogados.

Related process: STA 752

Check the decision in full.

What is ETCO

Founded in 2003, the Brazilian Institute of Ethics in Competition (ETCO) is a civil society organization of public interest - OSCIP that promotes integrity in the business environment. We believe that fair competition is one of the main foundations of economic development and the construction of a stronger and more just nation. Our mission is to identify, discuss, propose and support initiatives to strengthen ethics and reduce illicit practices that cause market imbalances such as tax evasion, informality, counterfeiting, smuggling and other misconduct.

ETCO is maintained by companies and associations committed to the cause of fair competition.

The ETCO comprises four sectorial chambers, bringing together companies in the fuel, tobacco, beer and soft drink segments.


"Fighting unfair competition in order to promote the improvement of the business environment".


Board of Directors


Edson Vismona Chief Executive

Vismona is a lawyer, graduated and post-graduated from the Faculty of Law of the University of São Paulo, specializing in commercial defense and consumer law. He was Secretary of Justice and Defense of Citizenship of the State of São Paulo .; National Secretary for Agrarian Reform (2002) Founder and President of the Brazilian Association of Ombudsmen / Ombudsman - ABO, he is a member of the National Council for Combating Piracy (CNCP), of the Piracy Combat Commission of the OAB / SP - Brazilian Bar Association, São Paulo section and of the Council of Ethics of the Instituto Ética-Saúde. He is president of FNCP (National Forum Against Piracy and Illegality, since 2009.




Andrea Lopes Executive Manager

Kelly Brook Adm and Financial Manager

Cristiane Carletti
Administrative assistant


Administrative Council


Alexandre Kruel Jobim
Chairman of the Board of Directors

Lawyer, Master of Law from the University of Texas (USA), Bachelor of Law from UniCEUB. He is a Licensed professor at UniCEUB, a substitute professor at UnB and IDP.

He was Legal Consultant at ABERT, ANJ, FENAERT, chaired AIR and Vice President Legal and Institutional Relations at Grupo RBS.

He is currently president of ABIR- Brazilian Association of the Soft Drink and Non-Alcoholic Beverages Industry.



  • Leonardo Botelho Zilio
  • Ricardo Melo
  • Rinaldo Zangirolami



  • Delicious Sandi
  • Disraelli Galvao
  • Leandro de Barros
  • Silmara Olivio


consulting board




Everardo Maciel
Chairman of the Advisory Board
He is a legal consultant and professor at the Brasiliense Institute of Public Law. He was Secretary of Finance, Planning and Education of Pernambuco, Secretary of Finance and Planning of the Federal District, Executive Secretary of the Ministries of Education, of the Civil House, of the Interior (today National Integration) and of Finance, Secretary of the Federal Revenue, in addition to having held the positions of Minister of Education, Interior and Finance on an interim basis. He also taught at private academic institutions and participated in missions of United Nations organizations.


  • André Franco Montoro Filho
  • Aristides Junqueira Alvarenga
  • Carlos Ivan Simonsen Leal
  • Celso lafer
  • Ellen Gracie Northfleet
  • Evandro Guimaraes
  • Gesner Oliveira
  • Hamilton Dias de Souza
  • Hoche Pulcherio
  • João Grandino Rodas
  • Joao Roberto Marinho
  • Jorge Luiz Oliveira
  • Jorge Raimundo Filho
  • Leonardo Gadotti Filho
  • Luiz Fernando Furlan
  • Maria Teresa Aina Sadek
  • Marco Greco
  • Nelson Jobim
  • Robert Abdenur
  • Roberto Faldini
  • Tercio Sampaio Ferraz Júnior
  • Theo van der Loo
  • Victoria de Marchi


Fiscal Board


Daniela Rodrigues Lopes (President)



  • Dilmar Moreira Madureira
  • Luciano France Sousa
  • Monica Saraiva




  • Mozart Santos Rodrigues Filho
  • Uira Tonon Gomes
  • Jesus Meijomil
  • Luiza Weguelin de Melo

ETCO celebrates achievements of 10 years of performance

Source: Portal Fator Brasil

In a decade, Instituto collaborated for the evolution of the competitive ethics and for the reduction of the tolerance with the transgressions in the country business environment.

To celebrate its 10 years of operation, the Brazilian Institute of Ethics in Competition (ETCO) held yesterday, in São Paulo, an event that brought together members of the Board of Directors and Advisory Board, representatives of sectorial entities and executives from companies in various sectors. During the meeting, the main achievements made between 2003 and 2013 were recalled and the activities planned for the year were presented.

"The first decade of ETCO's existence changed the competition scenario in Brazil, paving the way for significant improvements in the business environment and the Brazilian economy," stated the Institute's executive president, Roberto Abdenur, at the opening of the event. Projects supported by ETCO were remembered, such as the electronic invoice (NF-e), and others in which it operates directly, such as the Cidade Livre de Pirataria program and the Underground Economy Index.

"ETCO works on causes that go beyond the interests of companies and sectors, but also serve the interests of Brazil," explained Abdenur. A clear example of this action was the promulgation of article 146-A, resulting from Constitutional Amendment nº 42/2003. The article provides that States, the Federal District and municipalities, in addition to the Union, institute differentiated taxation systems in order to prevent competitive imbalances caused by private actions that use the reduction of their tax costs to gain spurious competitive advantages. The article was a suggestion by ETCO, which is now working on the enactment of a complementary law, which is essential for its application.

Currently, ETCO has six sector cameras: soft drinks, tobacco, beer, fuels, technology and medicines. "But we hope to bring one or two more cameras to ETCO in the coming years," said Abdenur.

Events will mark the ten years of ETCO - Throughout 2013, events will be held to celebrate the Institute's first decade. For this, ETCO's new visual identity was presented on Wednesday.

“We are going to promote a reflection on the advances we have made so far,” said Heloísa Ribeiro, executive director of ETCO, referring to the 10 + 10 Debate Cycle, a retrospective of competitive ethics in Brazil and the prospects for the next decade.

Three meetings will be held: on June 6 in Rio de Janeiro, August 21 in Brasília and October 16 in São Paulo. All events will have representatives from state or federal governments and representatives from the private sector, such as businessman Jorge Gerdau Johannpeter in Brasília and Fábio Barbosa, president of Grupo Abril, in São Paulo. Registration will be free and places will be limited.

In addition, book launches will continue in 2013, as will ETCO's participation in important events that discuss the theme of business ethics and the economy in general.

ETCO Journalism Award - Another important new feature of ETCO for this year is the first edition of the ETCO Journalism Award, which will reward journalistic works that stimulate society's awareness of topics such as illegal trade, informality, piracy, the complexity of the tax system, and tax evasion and the impact of corruption on the economy.

They will be able to compete for the prize, whose winners will be known on November 7, 2013, reports published in newspapers, magazines, radio, television and electronic vehicles in the period between January 1, 2012 and August 1, 2013. * The rules can be consulted at

The Brazilian Institute of Ethics in Competition, ETCO, is a civil society organization of public interest (OSCIP) founded in 2003 with the objective of identifying, discussing, proposing and supporting actions, practices and projects that result in concrete improvement of the business environment in the Brazil. To this end, it acts to influence decision-makers to adopt measures aimed at reducing tax evasion, illegal trade and informality, in addition to actions to simplify the tax system and combat corruption and other misconduct. The institute seeks to maintain a strong presence in the Brazilian business and political circles in order to create mechanisms and tools that strengthen competitive ethics. There are three action strategies: to foster studies on the factors that encourage these deviations in conduct; propose and support initiatives, actions or changes in legal texts and administrative practices; and to develop and support actions to raise public awareness about the harmful social and economic effects and the dangers of these illegalities and social leniency with these deviations from ethical behavior.

2012: A year of challenges and achievements

ETCO's executive president, Roberto Abdenur, gives a quick overview of the institute's main achievements in 2012, which highlighted the inclusion of the fight against corruption on the institution's agenda and the entry of important personalities in the Advisory Council .

The year 2012 established another milestone in the trajectory of the Brazilian Institute of Ethics in Competition. For the first time, ETCO has devoted part of its activities to the debate on corruption and how to eradicate it or, at least, reduce it. The issue of corruption is not outside the scope of competitive ethics. On the contrary, corruption has already been proven to jam the economy and impede the development of a country.

The highlight of the introduction of the topic on the agenda of ETCO's regular activities was the holding, in August, of the international seminar “The Impact of Corruption on Development”. Organized in partnership with the Valor Econômico newspaper, the seminar brought together prestigious personalities in the country, including former STF minister Ellen Gracie Northfleet; the chief minister of CGU, Jorge Hage; the vice president of the World Bank, Otaviano Canuto; the director of Public Governance and Territorial Development at the OECD, Rolf Alter; Congressman Carlos Zarattini and Josmar Verillo, from Amarribo.

As it does twice a year, in partnership with IBRE / FGV, ETCO released the Underground Economy Index, an estimate of activities purposely not declared to the authorities. After five years in decline, the underground economy was stagnant in 2012, remaining at 17%. The main reasons, according to the researchers, lie in the limit reached by the growth of formal employment. The good results of the economy have helped the formal labor market to grow in recent years. However, it should remain stable from now on, even as a result of the rigidity of labor laws and the level of education of the Brazilian. Only by investing heavily in education will Brazil be able to reach the levels observed in developed countries.

The fight against piracy, an important work front of ETCO, gained strength with the adhesion of the city of Vitória to the Cidade Livre de Piratária Program. Launched in 2009, the program is an initiative of the Ministry of Justice, part of the National Plan to Combat Piracy and is managed by ETCO. The cities of São Paulo and Osasco (SP), Brasília (DF), Curitiba (PR), Rio de Janeiro (RJ), Belo Horizonte (MG), Cuiabá, Várzea Grande (MT) and Vitória (ES) have already joined the initiative .

Another highlight of the year was the launch of the book Corruption, Ethics and Economics - Reflections on Competition Ethics in Market Economies, by André Franco Montoro Filho. The work brings together texts produced by the author between 2006 and 2011, a period in which he dedicated himself to the study of the advantages of ethical behavior and the social losses of transgressions.

To crown a year of hard work - we mention just a few highlights above - the ETCO received four new members of its Advisory Board: Minister Ellen Gracie Northfleet, the former Defense Minister and member of the Supreme Court, Nelson Jobim, the rector of University of São Paulo, João Grandino Rodas, and the former chairman of the ETCO Board of Directors, Leonardo Gadotti Filho.

The year 2013 comes with the commitment of ETCO to maintain its strong performance in the areas already conquered and to expand its support and incentive to actions and initiatives linked to competitive ethics, in order to take the issue to increasingly broad layers of society.

New president

The ETCO Board of Directors, in the person of its president Hoche Pulcherio, swore in today, May 2, to the new executive president of the Institute, Roberto Abdenur. He replaces André Franco Montoro Filho, who, after more than 4 years as chief executive, became part of the ETCO Advisory Board.

Pulcherio explains that "the main reasons for the choice were his deep experience as a public man and the recognized trajectory based on defending the interests of the nation, which, without a doubt, will be a great contribution to ETCO's objectives".

One of the most important names in Brazilian diplomacy at the end of the 44th century and the beginning of the XNUMXst, Abdenur accepted the challenge of commanding ETCO because of what he considers “the important mission of defending and spreading competitive ethics in our country”. In his XNUMX years of diplomatic career, Abdenur was at the head of the Brazilian Embassy in Washington, DC, as well as being Brazil's ambassador to Ecuador, China, Germany and Austria.

How we operate

ETCO works to encourage decision makers, both in the public and private sectors, to adopt measures that inhibit the adoption of unfair competition practices and ethical deviations in business. In addition, it also works to raise society's awareness of the harm caused by misconduct in business.

To achieve its objectives, ETCO works with three focuses:

We sponsor research and analysis to better understand the causes
misconduct and guide in the search for solutions.

We present proposals and support initiatives to prevent practices
unlawful acts, perfecting the laws and ensuring compliance with them.

We do and support seminars, publications and campaigns to
raise public awareness of the importance of complying with the law and the consequences
harmful effects of unfair competition to the country.