The CGU (Office of the Comptroller General) published a new normative ordinance last week that establishes the Cease-and-Desist Agreement, which replaces the previous Early Trial. This is an important change in the dynamics of investigations related to the Brazilian Anti-Corruption Law.
The main difference is that the Cease-and-Desist Agreement does not require an admission of guilt, but only the acknowledgment of objective responsibility for the act in question. This means that there is not necessarily a conviction at the end of the investigation. Additionally, the new ordinance includes provisions on criteria for reducing fines and mitigating sanctions that restrict the ability to bid and contract with the public administration.
The new instrument also indicates a greater emphasis by the CGU on encouraging the adoption or improvement of integrity programs and on the reparation of damages caused.
Normative Ordinance CGU 155/24 was published on August 29, 2024, and came into effect on the date of its publication. It revokes Normative Ordinance CGU 19/2022.
