CGU new administrative structure

The newly-elected Federal Government has recently announced changes in the structure of the Brazilian General-Comptroller Office (CGU).  In addition to the maintenance of the Ministry status and the return of its traditional denomination[1], the Agency will also have a new administrative structure.

The changes were introduced by the Federal Decree n.º 9,681, of January, 3rd, 2019. Its content approves and sets forth the Agency’s structure and staff organization, including public commissioned agents and bona fide work positions at CGU.

Chapter I, article 1, of the mentioned Decree sets forth several CGU’s attributions, such as adopting necessary measures to combat corruption; filing administrative proceedings and procedures within its jurisdiction; surveillance, inspections and review of ongoing proceedings and procedures filed at the Federal Public Administration in order to assess its regularity and declare or promote its nullity, as well as to propose actions or to correct irregularities.

In accordance with CGU’s attributions, Chapter II of the Decree provides for the organizational structure of the Agency and innovates by creating the Secretariat for the Fight Against Corruption. The new Secretariat, seen as a relevant tool in the fight against corruption, is composed of three specific Officers: the Leniency Agreements Officer, the Special Operations Officer and the Research and Strategic Information Officer.

The Secretariat for the Fight Against Corruption is responsible for proposing the regulation and the standardization of procedures and normative acts related to leniency agreement programs, intelligence and special operations developed by CGU; supervising, coordinating and guiding the work of CGU’s units during the negotiation of leniency agreement; developing and executing intelligence activities and producing strategic information, especially through investigations; and coordinating activities that require CGU’s integrated actions among other national and international anti-corruption agencies.

The Leniency Agreements Officer is worth-highlighting among the other Officers as it will assemble all actions related to the matter, including negotiations with legal entities interested in starting negotiations to enter into a leniency agreement with CGU. The new Officer is expected to improve the dialogue and cooperation between the CGU, other Brazilian Agencies with attribution to enter into leniency agreements and foreign law enforcement authorities whose jurisdictions may be affected by the agreements.

On January 14th, 2019, CGU announced the names of its new principals and João Carlos Figueiredo Cardoso was appointed as the new Secretary for the Fight Against Corruption. João Carlos has been an auditor of Finance and Control (AFC) since 2006 and has a degree in Mechanical Engineering. At CGU, he was the general audit coordinator of the Mines and Energy Areas and the director of State-Owned Audits[2]. He will assume his new position on February, 2019.

The Decree No. 9,681/2019 will come into force on January 30th, 2019[3] and raises the expectation of a CGU even more specialized in the enforcement of the fight against corruption, mainly with regards to the execution of leniency agreements.

[1] Provisional Measures n.º 870/2018, article 19, item XVI.

[2] Available at: http://www.cgu.gov.br/noticias/2019/01/cgu-define-titulares-das-principais-areas-finalisticas

[3] Available at: http://www.cgu.gov.br/noticias/2019/01/cgu-tem-nova-estrutura-administrativa

 

FOR FURTHER INFORMATION, PLEASE CONTACT:

Juliana Sá de Miranda
Partner
T: +55 11 3077 3534
E: juliana.miranda@cmalaw.com

Ricardo Caiado
Lawyer
E: ricardo.caiado@cmalaw.com
T:+55 11 3077 3591

Ana Julia Andrade
Lawyer
E: ana.lima@cmalaw.com
T: +55 11 3077 3508