The CGU published Normative Ordinance No. 155/2024 (“Ordinance 155”), which establishes guidelines for the execution of the Commitment Term (“Term”) within the scope of Law No. 12,846/2013, revoking Normative Ordinance No. 19/2022, which addressed early judgment. The Term is intended for companies that admit responsibility for harmful acts against the national or foreign public administration and aims to promote integrity in the private sector.
The Ordinance 155 also details the requirements for executing the Term, including the admission of responsibility, the cessation of involvement in harmful acts, and the commitment to repair damages and pay fines. An important point is that the CGU may condition the execution of the Term on the implementation or improvement of the companys integrity program.
Furthermore, as this competence is exclusive to the CGU, the Term will not be executed when a leniency agreement is applicable. However, a request for a leniency agreement may be converted into the aforementioned Term. Additionally, the Ordinance 155 defines the effects of the execution, such as the application of a fine without the reputational sanction of publishing the condemnatory decision, and the possibility of mitigating restrictive sanctions on bidding.
In terms of joint action, upon receiving proposals for Commitment Terms, the CGU will consult with the Attorney Generals Office (AGU) to verify whether there are any legal actions or previous procedures regarding the same facts. If so, the Term will be executed in a coordinated manner to resolve both issues and avoid new actions on the same facts.
In the event of unjustified non-compliance, the company will lose benefits, be prohibited from executing a new Term for three years, and have unpaid installments collected in advance. The non-compliance will be recorded in the National Registry of Penalized Companies.
Our Compliance, Investigation, and White-Collar practice group is available to assist you and clarify any doubts regarding CGU.
Isabel Franco: ifranco@azevedosette.com.br
Vitor Cabral: vcabral@azevedosette.com.br
Viviane Próspero João: vprospero@azevedosette.com.br