On February 10th, the Office of the Comptroller General (CGU) published administrative decisions applying sanctions against five Brazilian companies in different segments. The fines total approximately R$ 51.7 million and arise from Administrative Proceedings for Accountability (PAR), in which the practice of harmful acts against the Public Administration in violation of Law 12.846/2013 (Anti-Corruption Law) and other anti-corruption rules was verified.
The following companies were sanctioned with fines in the amounts specified in parenthesis: (i) Decal Brasil Ltda. (BRL 3,905,734.97); (ii) Master Projetos e Empreendimentos Culturais Ltda. (BRL 2,940,317.28); (iii) Volkswagen do Brasil Indústria de Veículos Automotores Ltda. (BRL 22,423,482.15); (iv) Business to Technology Consultoria e Análise de Sistemas Ltda. (BRL 7,725,193.82); and (v) Seara Alimentos Ltda. (BRL 14,803,766.47).
In addition to fines, the following penalties were also applied: (i) debarment regarding Decal Brasil; (ii) impediment for bidding or contracting with the Federal Government for 5 (five) years in relation to Business to Technology; and (iii) extraordinary publication of the administrative decision with regard to Decal Brasil, Master Projetos, Business to Technology and Seara Alimentos. If they do not appeal, the companies have thirty days to pay the value of the fines to the public treasury and to comply with the sanctions of extraordinary publication, by publishing an extract of the decision.
In relation to the company Decal Brasil, CGU verified that the company paid undue advantages, through a representative, to the then Supply Officer of Petrobras S/A, with the intent to renew the contract for the provision of storage and berthing services for liquid bulk vessels in port facilities. Thus, there was a violation of article 5, l and IV, “d” of Law 12.846/2013 (Anti-Corruption Law) and article 88, Ill of Law 8.666/2013 (Bidding Law).
Master Projetos and Volkswagen
With regard to Master Projetos, it was verified that the company diverted the object of the Cultural Project “Brasilidade Sinfônica”, in addition to fraudulently rendering the accounts. Consequently, article 5, V, of Anti-Corruption Law (Law 12,846/2013), and article 38, of Law 8,313/1991 (Culture Incentive Law or Rouanet Law) were violated.
The fine applied to Volkswagen do Brasil was a result of the acceptance by CGU of the consensual and collaborative resolution request made by the company, being acknowledged its unintentional responsibility for the illicit acts practiced by the company Master Projetos. Volkswagen acted as sponsor of the Rouanet Law project proposed by Master Projetos and, after the identification of the irregularities, promoted the reimbursement of the funds unduly received,
Business to Technology
It was determined through Operation “Gaveteiro” that the company Business to Technology paid undue advantages to public officials of the Department of Employment of the Ministry of Labor, as well as to a related person, defrauded the bidding procedure and presented a false certificate of technical capability to meet the requirements set forth in the respective invitation to bid. Thus, there was violation of article 5, I and IV, “a”, “b” and “d” of Anti-Corruption Law (Law 12.846/2013) and article 7 of Law 10.520/2002 (Law that instituted the reverse auction as a bidding modality).
Finally, with regard to Seara Alimentos, a scheme of payment of undue advantages to public officials of the Federal Superintendence of Agriculture, Livestock and Supply of MAPA in the State of Paraná was detected. The scheme, which was the object of investigation through Operation “Carne Fraca” (Weak Flesh Operation), obstructed the inspection activities since there was fraud in the issuance of National and International Health Certificates and in the performance of health inspections, unduly facilitating the shipment of food products to China and Chile, as well as the general progress of the company’s activities with violation of article 5, I and V of Anti-Corruption Law (Law 12,846/2013).
Due to non-compliance with Anti-Corruption Law (Law 12,846/2013) and other related rules, the CGU has punished, since 2016, 98 companies as a result of liability investigation processes, whose penalties exceed BRL 807,392,999.00, and signed leniency agreements with 25 companies, whose pacts exceed BRL 18,303,789,248.17.
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