Despite the challenges, integrity programs represent an advance in search of transparency, ethics and efficiency
Decree no. 12.304/2024, which regulates the integrity programs of General Union controller (CGU)According to law no. 14.133/2021, a new offer law and administrative contracts (LLCA). The implementation of these programs in public offers aims to strengthen the corporate government and ethics in administrative hires, which require a proactive posture of companies regarding compliance.
The decree, in force from 8 February 2025, establishes parameters to guarantee the effectiveness of integrity programs, but its application must face challenges. The imprecision of some guidelines, such as Article 3, and the need to form public agents, in our opinion, the standardization and supervision of compromises.
LLCA highlights the strategic role of integrity programs in the various phases of the compulsory offer process in taking over 250 million dollars of tiebreaker criteria, bases for administrative sanctions and requirements for rehabilitation of punished companies. These devices reflect the importance of integrity, encouraging the continuous review of the mechanisms and the mitigation of social and environmental risks.
However, the lack of clarity in the criteria of article 3, with subjective terms such as “high driving compromise”, makes it difficult for both companies and CGUs. In addition, subjectivity in §1 compromises the uniformity of the analyzes and can generate divergent decisions.
Operating, implementation requires trained servers and efficient systems for continuous monitoring and data evaluation. Many public agencies are still lacking in these tools, making it difficult to monitor the obligations assumed by companies and compromise the effectiveness of the controls.
CGG plays a central role, acting in advance with manual preparation, training and transparency and repressively with audits and penalties for companies that do not meet the requirements or use simply formal mechanisms. The penalties range from warning, fine (from 1% to 5% of the value of the offers), offers and declaration of unsuitability.
The CGU regulation will be crucial to detail the subjective criteria, contributing to uniform analysis and greater predictability. Despite the challenges, integrity programs represent progress in the search for transparency, ethics and efficiency, promoting a healthy competition environment in line with the principles of the public administration.
Source: Terra
Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.
