Registers governed by the Brazilian clean company act

Cadastros disciplinados na lei de combate à corrupção

Abstract

Its purpose is the registers provided for in articles 22 and 23 of the Anti-Corruption Law – LCC (12,846/2013): National Register of Punished Companies – CNEP and National Register of Disreputable and Suspicious Companies – CEIS. The discipline of both presents a series of vexing questions. Access to the CNEP must be restricted, for consistency with the provision for the sanction of extraordinary publication and eventual removal by the leniency agreement. The minimum stay in the registry is five years, in view of the legal provision for recidivism. The imposition of sanctions by the LCC requires the express establishment of the maximum period of maintenance in the CNEP, respecting the minimum period of five years, if there is not, after the minimum period, the exclusion of the company for rehabilitation. Inclusion in the CEIS does not imply an automatic ban from participating in bidding processes and from being hired by the Government, in view of the different scopes of the sanctions of temporary suspension and the declaration of unsuitability. The LCC does not provide for the sanction of banning participation in bidding and contracting by the government, and art. 23 an authentic heterotopic norm.