Objective is to help private initiative to build and perfect policies for the prevention and detection of acts harmful to Public Administration, based on the Anti-Corruption Law
The Comptroller General of the Union (CGU) launches, this Tuesday (22), the guide “Integrity Program: guidelines for private companies”, With the objective of assisting the private sector in the fight against corruption. The publication explains the Integrity Program, present in the Anti-Corruption Law (Law 12.846 / 2013), and provides rules that can help companies to build or improve instruments aimed at preventing, detecting and remedying acts that are harmful to the Public Administration.
The document presents practical examples of anti-corruption conduct, such as bribery of national or foreign public agents, fraud in bidding processes, embarrassment of investigation or inspection activities by public bodies, entities or agents. The Guide also shows the five pillars of an integrity program: 1) commitment and support from senior management; 2) definition of responsible body; 3) profile and risk analysis; 4) structuring of rules and instruments; and 5) continuous monitoring strategies.
According to the chief minister of CGU, Valdir Simão, it is undeniable that the punishments and requirements established in the Anti-Corruption Law have brought to light important reflections on the role of companies in the fight against corruption. “However, more than avoiding possible penalties, companies must realize that investing in integrity is good for the business itself. Thinking about a healthy business environment makes it possible to evolve into a market where the ethical characteristics of companies become a differential in the corporate world ”, he explains.
The Guide is for guidance and does not have a normative or binding character. The described guidelines do not create rights or guarantees, whether they are related to the eventual analysis of integrity programs in the process of accountability or to any other process or procedure in the administrative or judicial spheres.
A Law No. 12.846 / 2013Also known as Anti-Corruption Law, provides for the objective liability, in the civil and administrative scope, of companies that commit harmful acts against the national or foreign public administration. In force since January 2014, the standard is intended to punish companies involved in practices related to corruption, with fines of up to 20% of the company's annual gross revenue.
In 2015, the law was regulated to provide more legal certainty in acts, such as criteria for calculating the fine, parameters for evaluating health programs. compliance, rules for the signing of leniency agreements and provisions on the national registers of punished companies. Within Lava Jato, 29 companies have administrative responsibility processes underway at CGU, based on this new standard.
Source: Federal Comptroller General (22/09)
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