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OECD Says Fight Against Corruption in Brazil is “Seriously Endangered”

RIO DE JANEIRO, BRAZIL – Members of the Anti-Corruption Committee of the Organization for Economic Cooperation and Development will come to the country in November for talks with officials.

Brazil is a signatory to the OECD Anti-Bribery Convention, which establishes punishments for individuals and companies bribing public officials from other countries in order to gain an advantage in international transactions.

STF’s Justice Dias Toffoli’s decision to halt all criminal investigations and proceedings in the country based on reports from administrative bodies without prior judicial authorization concerns the OECD. (Photo: Internet Reproduction)

In the statement, the OECD cites as grounds for “concern” the decision of the Federal Supreme Court (STF) President, Justice Dias Toffoli, to forbid the sharing of information from the Financial Intelligence Unit (UIF), formerly COAF, with investigation bodies without prior judicial authorization and the approval of the Abuse of Authority Act.

The text also makes reference to the potential, under discussion in Congress, of tax auditors being forbidden to immediately report to investigative bodies when they find evidence of money laundering and related crimes during tax investigations.

“The Supreme Court President’s decision to halt all criminal investigations and proceedings in the country based on reports from the Financial Intelligence Unit and other administrative bodies without prior judicial authorization, and attempts to restrict the tax authorities’ power to detect, report, and investigate bribery and foreign money laundering are among the disquieting measures and decisions that will continue to be closely monitored by the Anti-Corruption Committee,” says the statement.

In a previous publication in July, the OECD group had already warned about the potential for approval of the Abuse of Authority Act. The most recent text says that despite the “concern expressed”, the legislation was approved.

The OECD finalizes the statement recommending that Brazil “preserve” the anti-corruption structure:

“While acknowledging the institutional and legislative progress and recent law enforcement achievements demonstrated by Brazil until recently, the Committee strongly encourages Brazil to preserve its anti-corruption structure, both legal and regulatory, as well as its full law enforcement capability and to investigate and prosecute cases of corruption involving foreign public officials,” says the Anti-Corruption Committee.

The group’s visit to Brazil had been planned prior to the disclosure that US Secretary of State Mike Pompeo had endorsed the accession of Argentina and Romania to the OECD before endorsing Brazil’s accession.

Participating in the OECD is one of President Jair Bolsonaro’s foreign policy priorities.

Source: O Globo

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