On March 18, 2015, during a ceremony at the Presidential Palace in Brasília, Brazilian President Dilma Rousseff, announced a series of anti-corruption measures and proposals prepared by the federal government in response to recent public demonstrations.
The President signed yesterday Decree No. 8,420 ("Decree"), published in today's Official Gazette, which regulates Law No. 12,846/2013 ("Anti-Corruption Statute"). According to the information provided by the official news agency of the federal government, the Decree stipulates the following: (i) private companies are encouraged to adopt compliance programs; (ii) administrative responsibility proceedings (PAR) should be conducted in a single consolidated proceeding and include claims for breach of the Anti-Corruption Statute, public bids and other types of public tenders or public contracts; (iii) exclusive jurisdiction of the Office of the Inspector General (Controladoria Geral da União)to enter into leniency agreements; (iv) fines should be calculated based on a system of adding and subtracting a certain percentage of the company´s gross revenues; (v) mitigating and aggravating factors to be considered when unlawful acts are perpetrated against the government.
In addition to the Decree, the anti-corruption announcement included the following measures and proposals (legislation bills) to be submitted to the Brazilian Congress: (i) criminalization of the use of slush funds ("caixa 2"); (ii) criminalization of money laundering related to electoral campaign contributions, with punishment extended to donors and political parties; (iii) confiscation of assets resulting from criminal activity, improbity and illicit enrichment, including the a proposed procedure for public civil actions for expropriation of those assets; (iv) a request or urgency in the legislative processing of Legislative Bill No. 2,902/2011, which provides for the expedited sale of seized property to preserve value; (v) adoption of stricter background check rules for public agents in the Executive, Legislative and Judiciary branches; (v) a request for urgency in the legislative processing of Legislative Bill No. 5,586/2005, which provides for the criminalization of illicit enrichment; and (vi) creation of a working group to evaluate proposals for streamlining and expediting judicial, administrative and investigative processes in connection with unlawful acts perpetrated against the government.