Derived from a constitutional amendment in 2015 in matters of Anti-Corruption, and in relation to the secondary laws which enact the so-called National Anti-Corruption System, on July 19 the General Law on Administrative Responsibilities came into full force and effect. This secondary law establishes sanctions for public officials, individuals and companies for administrative misconducts considered as grave administrative conducts, which sanctions range from fines to the dissolution of the infringing company for particularly serious offences.
In accordance with this General Law, the administrative grave conducts include:
- Unlawful participation in administrative proceedings.
- Influence peddling.
- Submitting false or altered information and / or simulating compliance with these requirements.
- Carrying out actions that imply obtaining of a benefit or advantage in a public award process.
- Misuse of public resources.
- Contracting with former public officials (conflict of interest).
Although it is true that the National Anti-Corruption System formally initiated with the entry into force of the General Law on Administrative Responsibilities, both Federal and States Governments have not fully implemented this system.
The Federal Government has not yet appointed the judges responsible for hearing the trials in relation to this law, nor the Federal Prosecutor Specialized in the Fight Against Corruption.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.