On International Anti-Corruption Day, celebrated on December 9, President Lula and the Minister of the Office of the Comptroller General (CGU), Vinícius de Carvalho, officially signed Decree No. 12,304 (Decree).

In general terms, this milestone regulates significant advancements outlined in Law No. 14,133/2021 (“New Public Procurement Law”), making the implementation of integrity programs mandatory for high-value contracts. Additionally, it establishes evaluation criteria such as respect for human rights, labor conditions, and environmental preservation as parameters for public procurement processes.

In this context, the main highlights introduced by the Decree are as follows:

1. New Rules for High-Value Contracts

The Decree defines high-value contracts as those exceeding BRL 239 million, which require enhanced oversight and elevated integrity standards to ensure efficient and ethical execution. Such contracts typically involve highly complex projects with significant impact, such as infrastructure works, public concessions, and long-term projects.

2. Commitment to Social and Environmental Responsibility

The inclusion of evaluation criteria related to human rights, labor conditions, and environmental preservation reinforces the federal government's commitment to social and environmental responsibility, promoting sustainable business practices aligned with ethical values.

3. Incentives for Ethics and Transparency

Companies with established integrity programs will gain competitive advantages in public procurement processes, as such programs will be considered as tie-breaking criteria in public tenders.

4. The Role of the CGU

The CGU will play a central role in monitoring and evaluating the integrity programs implemented by contracted companies, as well as being responsible for imposing sanctions in cases of non-compliance with the new requirements established by the Decree.

5. Brazil Pact for Corporate Integrity

To promote ethics in the private sector, companies will be able to join the Brazil Pact for Corporate Integrity, an initiative that provides support for self-assessment and the implementation of integrity programs. This tool aims to strengthen partnerships between the public and private sectors, fostering the development of a more ethical and responsible business environment.

6. Deadline for Implementing Integrity Measures

Companies will have a period of 6 months from the signing of the contract to demonstrate the implementation of integrity measures, such as internal audits, whistleblowing channels, codes of ethics, and policies against fraud and irregularities.

According to Minister Vinícius de Carvalho: "This decree represents another decisive step by the federal government in combating corruption and building an ethical and transparent public administration. Integrity must be an essential pillar in all sectors that interact with the State."