The Anti-Corruption Law comes into effect in Tocantins.
Following the approval of the new legislation, in proven cases of corruption in public processes, the responsible company may be held liable even if the crime was committed by an employee without their knowledge. "Under this law, any public administration body, in addition to the State Comptroller's Office, can initiate an Administrative Liability Process. And it's not just acts of bid-rigging; any illegal act can be classified under the law, from misappropriation of documents and materials to bribery. When an act is detected, the entity can initiate the process," stated the Secretary of the State Comptroller General, Ricardo Eustáquio.
Tocantins 247 - Law No. 12.846/13, known as the Anti-Corruption Law, officially comes into effect this Wednesday, the 29th. It aims to hold companies accountable in proven cases of corruption and impose fines of up to 20% of their annual gross revenue. According to the state government, Tocantins was the first state in the Federation to regulate the law, through a decree, even before the Comptroller General of the Union (CGU), as stated by the head secretary of the State Comptroller General's Office (CGE), Ricardo Eustáquio.
With the approval of the new legislation, in proven cases of corruption in public processes, the responsible company may be held liable even if the crime was committed by an employee without their knowledge. "From this law onwards, any public administration body, in addition to the State Comptroller's Office, can initiate the process known as PAR – Administrative Liability Process. And it's not just acts of bid rigging; any illegal act can be classified under the law, from misappropriation of documents and materials to bribery. When an act is detected, the entity can initiate the process," stated Ricardo Eustáquio.
According to the state government, since August of last year, when the Anti-Corruption Law was published, the Comptroller General's Office (CGE) has been preparing to implement the new legislation in Tocantins. According to the head of the department, a team is already being formed and trained to monitor the processes and ensure the necessary transparency in public administration. "Today we have a department for monitoring and combating corruption. We already have a team assembled, and personnel are being trained in the area," he pointed out, recalling that the Law was regulated in the state on December 13, 2013, by decree 4.954.
Regarding companies, investment in integrity programs is necessary. The program, implemented to monitor and track employee actions, ensures that the corporation, in case of a complaint of misconduct, can take precautions and mitigate the fine to be applied. "Fines range from 0,5% to 20% of the company's annual gross revenue. If the company proves that it was unaware of the case and that it is effectively monitoring the situation and taking the necessary measures, the fine may be reduced," said Eustáquio.
Integration. Alongside the Anti-Corruption Law, the state government says it has been investing in tools that guarantee greater transparency in public actions. The state government has made available to the public a citizen service through the General Ombudsman's Office, which can be accessed via the website www.ouvidoria.to.gov.br or by phone at 162. In addition, it is also possible to check the state government's accountability reports on the Transparency Portal (www.transparencia.to.gov.br).