On December 9, 2020, also known as International Anti-Corruption Day, Brazil’s federal government launched two new measures – the Decree No. 10,571 and the Anti-Corruption Plan – aimed at addressing and improving anti-corruption measures in that country.
Brazil’s Decree No. 10,571, establishes disclosure rules that civil public agents must follow in an effort to prevent conflicts of interest, in connection with the offer and acceptance of goods and assets by government agents in their role as public servants. The rule, that applies to all government employees, officers and directors of state-owned companies, requires government personnel to file declarations electronically in certain circumstances, including acts of investing or contracting for positions or projects related to the federal Executive Branch; upon the return of federal agents to government service following a departure lasting at least one year; and on the date that a federal agent is dismissed from service or retires from federal employment. According to the decree, the Comptroller General is tasked with monitoring the declarations to ensure compliance with established rules, checking for inconsistencies, and maintaining a database of all declarations, while the Federal Comptroller General and Public Ethics Commission is responsible for analyzing the declarations for possible conflicts of interest. There are also provisions that allow for equity investigations and the initiation of disciplinary administrative proceedings when appropriate.
The government also passed the 2020-2025 Anti-Corruption Plan, that is a five year plan developed by the Interministerial Committee to Combat Corruption (CICC), aimed at improving Brazil’s methods of prevention, detection and accountability for acts of corruption, by enhancing its anti-corruption laws and meeting international recommendations. The Plan will be implemented in two stages: the first requires CICC and related bodies to analyze and identify the types of corruption to be addressed, followed by a second phase where a plan will be developed with short-term and long-term goals. The ultimate goal of the Anti-Corruption Plan is for the federal government to: (i) attain a greater knowledge of their current responsibilities and regulations, (ii) improve the legal framework of anti-corruption regulations, (iii) make informed decisions regarding existing international recommendations, and (iv) define which future actions to implement in order to strengthen its anti-corruption mechanisms.