Judges debate the importance of legal certainty and combating repeat debtors to attract national investment

PHONACREThe I National Forum on Competition and Regulation (Fonacre) was marked by debates involving important issues for the improvement of magistrates. During the panels, which counted with the participation of ministers, lawyers, lawyers and counselors, the judges were able to develop analyzes on the problem of the persistent debtor, the appropriation of taxes, leniency agreements, compliance and competitive ethics, regulatory agencies and recovery processes judicial.

The confrontation of persistent debtors, who create distortions in the market and damage assets, was the central theme of the first day. It was this matter, even, that guided the idealization of Fonacre last year.

Unanimously, the panelists defended the importance of legal certainty to attract national investment and investigations into the conduct of companies, such as what happens in the Federal Police's Lava-Jato and Zelotes operations. This is because about R $ 2 billion are not collected in Brazil due to the crimes committed.

Another point analyzed during the Forum was the search for compliance, that is, compliance with the legal and regulatory rules established for business. In the view of Edson Vismona, president of the Brazilian Institute of Ethics in Competition (ETCO), "the defense of the law must base not only the coexistence of citizens, but also business coexistence".

The second day of panels evaluated the importance of regulatory agencies and the consequences of judicial recovery processes on the economic and competitive scenario of Brazilian companies.

In the presentation on the limits and impacts of regulatory agencies, the retired federal attorney and judge, Liliane Roriz, used the thoughts of jurist Diogo de Figueiredo Moreira Neto who says that “Brazil suffers from a serious chronic deficiency in the administrative aspect resulting […] that our legislator is idealistic, but the administrator is ineffective. Therefore, according to the lawyer, it is essential to analyze the regulatory role.