Chamber Committee Approves Classifying Appointment of Relatives to Office as Nepotism

RIO DE JANEIRO, BRAZIL – The Chamber of Deputies’ Labor, Administration, and Public Service Committee approved on Wednesday, August 14th, in a quick vote, a bill by deputy Roberto de Lucena to forbid nepotism in federal public administration.

Bill 198/19 was amended by its rapporteur, Deputy Kim Kataguiri, classifying the appointment of an official’s relative to the positions of Minister of State and Ambassador as nepotism.

The text addresses the practice of nepotism as an act of administrative impropriety and sets a prison sentence of three months to one year for those who do not comply with the rule.

Recently, President Jair Bolsonaro appointed his son Eduardo Bolsonaro to become the Brazilian Ambassador to the United States. The position of an ambassador is not required to be held by a diplomat.

The deputy’s name is to be considered by the Senate. Eduardo Bolsonaro currently chairs the Chamber’s Committee on Foreign Affairs and National Defense.

The bill will now be examined by the Chamber’s Committee on Constitution and Justice and Citizenship (CCJ). Subsequently, it will proceed to the Chamber’s plenary session.

Before coming into force, the text still needs to be passed by the Senate and undergo presidential assent.

Summary

Kataguiri states in his opinion that nepotism is a “patent injustice that demonstrates a profound contempt for public affairs and, consequently, a disregard of the taxpayer.”

He recalled that in 2008, the Federal Supreme Court (STF) approved a binding precedent prohibiting officials from appointing a spouse or relative up to third-degree for public office.

Broader interdiction

The approved text amends the chapter addressing restrictions on civil servants, provided for in the Civil Servants Law (Law 8.112/90).

Today, the law only forbids a civil servant from having some reporting to him, in a position or duty of trust, a spouse, partner or relative up to the second degree.

The appointment or temporary assignment of a spouse, partner or relative up to the third degree of the official or servant in the same department who holds a managerial, leadership or advisory position is deemed nepotism, among other cases.

Cases of cross-nepotism, in which a department employs someone else’s relative and vice versa, are also covered by the bill.

According to the text, the contracting of a company owned by a spouse, partner or relative up to the third degree of the contracting official or servant of the same administrative department who holds a management, leadership or advisory position is also forbidden.

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