Brazil has taken another important step towards the battle against corruption. In August 2018, Brazil enacted Decree-Law No. 9,468/18, which provides broader power to the Public Transparency and Anti-Corruption Council, public entity subject to the Secretary of Transparency, Supervision and Control of Brazil.
Under the law, the Council’s purpose is to discuss ideas and suggestions to improve policies and strategies aimed at combating corruption and impunity within the Federal Public Administration. The Council must also provide transparency and access to public information, promote ethics within private and public sectors, and encourage social control over public spending.
The Council shall consist of 14 members, including representatives of the Federal Executive Branch, the Federal General Attorney, and organized civil society. Representatives of the National Council of Justice, the National Council of the Public Prosecutor’s Office and the Federal Court of Auditors may also be members of the Council, but without the right to vote.
Representatives of the organized civil society may also participate in the Council Board if they fulfill the requirements established in Articles 7 and 8 of the law, especially by demonstrating successful contributions to furthering the Council’s objectives and the absence of fraudulent acts committed against the Federal Public Administration. In addition, representatives of organized civil society should demonstrate that they have an unblemished reputation and do not hold public office in government bodies that are members of the Public Transparency and Anti-Corruption Council.
The Public Transparency and Anti-Corruption Council will be extremely important for: (i) identifying fraudulent acts committed against the Public Administration, (ii) promoting a broader connection between citizen and government, and (iii) the engagement of public officers to act within the legal limits and for the benefit of society.
If you would like to obtain further information regarding the Decree-Law No. 9,468/18, please contact the Brazil Desk of Squire Patton Boggs.