Published on August 1st, 2013,Act n. 12.846/13 sets forth civil and administrative liability of legal entities for the practice of acts against the Brazilian or Foreign public administration. Despite having entered into force on January 29th, 2014, the federal decree that will regulate has not yet been published.However, three member-states have already published Decrees aiming its regulation.
The first was the State of Tocantins that, still in 2013, published Decree n. 4.954, which stipulates: i) the harmful acts practiced against the public administration, ii) the concurrent jurisdiction of the Comptroller General of the State in order to establish administrative procedures and arrogate proceedings already in course with the purpose of analyzing its regularity and correct any failures; iii) the ‘Leniency Agreements’; iv) legal/judicial liability of companies, etc.
Immediately thereafter, Decree n. 60.106/2014 was published in the state of São Paulo, which sets forth: i) the competent authorities responsible for the establishment of administrative procedures; ii) the course of administrative procedure and the legal appeals applicable against condemnatory decision; iii) the creation, within the Internal Affairs Office of the Administration of the State Registration of the penalized companies (CEEP).
On February 21st, 2014 Decree n. 10. 271 was published in the state of Paraná providing for i) harmful acts against the public administration, ii) the concurrent jurisdiction of the Comptroller General of the State in establishing administrative procedures and arrogate proceedings brought upon the highest authorities of each agency or administrative entity and iii) the responsibility of the Comptroller General of the State in providing the latest information on the National Registry of penalized companies (CNEP).
According to the State Decrees, it appears that while the Decrees from the States of Tocantins and Paraná have made, simultaneously, a substantive and procedural approach related to the Anti-Corruption Law, the State of São Paulo has only regulated the procedural aspect.
Carolina Chagas– Lawyer of the Public Law Team