Eliana Calmon wants a law to combat corrupt companies.

Fernando Porfírio _247 - Minister Eliana Calmon, of the CNJ, asked this Friday (1) that the National Congress create a clean company law, to combat corrupt companies and directors. According to the national justice inspector, Brazil needs to take a step forward and issue a rule prohibiting the participation, in public tenders, of firms whose directors are involved in corruption and fraud.

"Today we are mobilized for a new law, the Clean Company Law. That is, for a company to participate in public bidding, it will have to have a clean record," declared the inspector general during the National Seminar on Administrative Probity, promoted by the CNJ (National Council of Justice), in Brasília.

The National Justice Ombudsman expressed support for a bill currently being processed in the National Congress that imposes this type of restriction. "We are trying to see if we can begin to personalize a company based on its directors – a bill that is already underway in the National Congress. This has never been addressed in Brazil. Today, directors hide behind companies that were seemingly clean in order to conduct shady business," she stated.

Speaking about corruption, the minister emphasized that this practice will not end in the country, but argued that institutions must be united and strengthened to control it. "Corruption will not end. Corruption will not end because, in democratic countries, especially those subject to the capitalist system, corruption will not end. Now, what we need is to control corruption. And, in Brazil, it seems uncontrollable, but today we are trying to close the net," said the minister, citing the Law of Administrative Improbity as a powerful instrument to combat misconduct by public officials.

"I am delighted with the Improbity Law. I believe that, in Brazil, it is the great instrument for combating corruption within the public sector. In these twenty years, it has bravely resisted many attacks because, naturally, it is a law that goes against many groups that have become entrenched in power and that are relatively strong groups," declared the inspector general.

Minister Gilson Dipp, of the Superior Court of Justice, who also spoke at the seminar, said that the criminal liability of companies in corruption cases will be one of the main innovations of the new Penal Code. Dipp chairs the commission of jurists established by the Federal Senate to draft the preliminary bill aimed at updating the code.

The minister highlighted the main measures suggested by the group of experts he coordinates to promote the fight against fraud, especially within the public administration.

Regarding the fight against corruption, one of the most significant proposals, according to the minister, is the one that aims to impute criminal responsibility to legal entities – that is, to companies that contribute to this practice, mainly within the scope of public administration. According to Dipp, the proposal is based on the observation that the largest transactions generally involve transnational companies.

"Obviously, the penalties applied to legal entities will be compatible with this legal principle. They will be penalties that deprive them of rights, such as the payment of fines, prohibition from contracting with financial institutions, or from participating in bidding processes with the direct or indirect administration," explained the minister, emphasizing that the criminal liability of legal entities already exists for environmental crimes.

According to the minister, the commission also suggested criminalizing gambling, currently classified as a minor offense. Another suggestion, aimed at promoting administrative probity, concerns the criminalization of illicit enrichment for public officials whose income is incompatible with their legal sources of income. "We broadened the concept of 'public servant' to include anyone who holds a public office or position, as well as an elected mandate," said Dipp.

"Little Elites"

During the seminar, Calmon also said that "petty elitists attack like termites to implode the CNJ" (read more)