Profiles: Brazil


Last Updated: July 2012
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SNAPSHOT

The Office of the Comptroller General (CGU) is an agency of the federal government in charge of assisting the President of the Republic in matters within the executive branch that are related to defending public assets and enhancing management transparency through internal control activities, public audits, corrective and disciplinary measures, corruption prevention and combat, and coordinating ombudsman's activities. CGU is also in charge of technically supervising all the departments making up the internal control system, the disciplinary system, and the ombudsman's units of the federal executive branch, providing normative guidance as required.

Does your government have a single or primary anticorruption strategy?

Yes, there is a National Strategy Against Corruption and Money Laundering (Estratégia Nacional de Combate à Corrupção e à Lavagem de Dinheiro - ENCCLA).

What are the main anticorruption laws of your country?

Federal Constitution of 1988 (provisions on:  internal control bodies; public procurement; recruitment of public officials; impropriety offence; and responsibility crimes of the President of the Republic); Penal Code (Decree-Law n. 2.848, of December 7th 1940): bribery of domestic public officials; bribery of foreign public officials; traffic of influence in international business transactions; fraud; embezzlement; misappropriation of public funds; and other offences; Responsibility crimes procedural law  (Law 1,079/1950); Law on the Liability of Mayors and City Council Members (Decree-Law 201/1967); Official Misconduct Law (Law 8.429/92); Brazilian Court of Accounts Law (8.443/1992); Public Procurement Law (8.666/93); Attorney General Office’s Organic Law (Complementary Law 73/93); Public Prosecutor’s Office Organic Law (Complementary Law 75/1993); Law on the obligation to report assets and income in the Executive, Legislative and Judiciary (Law 8,730/1993); Violations against the economic order (Law 8.884/94); Law on prevention and repression of criminal organizations’ activities (law 9,034/1995); Phone communication interception law (Law 9,074/1995); Public service corporations regulation Law (Law 8,987/1995); Money Laundering (Law 9.613/98); Administrative procedure for the Federal Public Administration (Law 9,784/1999); Victims and Witnesses Protection Federal Program Law (Law 9,807/1999); Fiscal Responsibility Law (Complementary Law 101/2000); Crimes against Public Finances (Law 10,028/2000); Executive Branch Internal Control Law (Law 10.180/2001); Law on the secrecy of Financial Institutions operations (Law 105/2001); E-procurement system Law (Law 10,520/2002); Brazilian Office of the Comptroller General Law (Law 10.683/2003); Regulation on Politically Exposed Persons (Circular 3,339/2006 of the Central Bank); Fund Transfers Regulation (Decree n. 6170/2007); High-level Officials Code of Conduct; Public Officials Ethics Code (Decree n. 4.061); Full Transparency Law (Complementary Law n. 131/2010) and Access to Information Law (Law n. 12,527 of November 18th 2011).

Is there one agency in charge of coordinating AC efforts across agencies?

The Office of the Comptroller General works as the public body responsible for overseeing the implementation of the International Conventions against Corruption ratified by Brazil (OAS, OECD and UNCAC), as well as the central body for Brazilian internal control, disciplinary, transparency and ombudsman systems.

Functions Research,Prevention,Investigation,Accounting,Policy
Permanent Staff 2 280
Number of prosecutors(if applicable) N/A
Number of investigators (if Applicable) 100 -- Administrative, audits and disciplinary cases.

Number of cases handled annually

In 2011, the following investigations were carried out: 10.524 investigative audit actions; 74 assets and financial investigation of public officials; and 12 procedures related to administrative liability of legal persons in their relations with the Federal Public Administration. Plus, CGU monitored 1.788 investigations carried out by federal ministries and agencies (as the central body for disciplinary actions in the federal Executive Branch).

Budget Autonomy Yes
Annual Budget of the Agency US$ 37.2 Million
Are employees protected by law from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)? No
Does your country have freedom of information legislation? Yes
Does your country have conflict of interest legislation? Yes
Does your country have a financial disclosure system to help prevent conflicts of interest? Yes
Who appoints the head of your agency? The head of the Brazilian Office of the Comptroller General is a Minister of State, appointed by the President of the Republic.
Who has the authority to remove the head of the ACA? The President of the Republic.
Is there any term limit for the head of the ACA? No
Does your agency measure performance? Yes
Ratio of number of investigations/staff
Full access to Government Yes