Rio Grande do Sul regulates Anti-Corruption Law and requires Compliance Program for contracts with the State Public Administration

  • Post category:Todos
Crédito obrigatório: Renato Soares – MTUR

The State of Rio Grande do Sul sanctioned Law 15.228, dated September 25, 2018, which provides for the application, under the State Public Administration, of the Brazilian Anti-Corruption Law (12,846 / 2013).

Published in the Official Gazette of Rio Grande do Sul on September 26, the regulation of the Law provides for the administrative and civil liability of legal entities for acts harmful to the public administration, national or foreign, that threaten national or foreign public patrimony, against principles of public administration or against the international commitments assumed by Brazil.

Compliance and Integrity Program:

Following regulations of other states, such as Rio de Janeiro and Brasilia, Rio Grande do Sul also establishes the requirement of the Integrity Program for companies as a requirement for the conclusion of a contract, consortium, agreement, concession or public-private partnership with the State Public Administration , according to article 37 of the Law.

To whom it applies:

Article 37, which refers to the Integrity Program requirement, applies to corporations and to simple companies, personified or not, regardless of the type of organization or corporate model adopted, as well as to any foundations, associations of persons or entities, or companies foreigners, who have their headquarters, branch or representation in Brazilian territory, constituted in fact or in law, even temporarily.

In terms of values, the Integrity Program requirement applies to amounts that exceed R $ 330,000.00 (three hundred and thirty thousand reais) for engineering works and services, and over R $ 176,000.00 (one hundred and seventy-six thousand reais) for purchases and services, even in the form of electronic trading.