On May 26th, CADE’s General Superintendent, Alexandre Barreto, participated in an event organized by IBRAC, where he addressed, among many topics, the difficulties of notifying individuals in administrative proceedings. The General Superintendent informed that this issue occupies about 20% of their work time (according to internal studies), and emphasized that in international cartel cases, with the notification of individuals residing abroad, both the difficulty and time increase.
Although it is necessary to notify foreigners in international cartel cases, this is not always possible, given the various difficulties. Therefore, CADE has been operating with requests for assistance from the Federal Police and requests for international cooperation through the Ministries of Justice, Public Security and Foreign Relations. In some cases, notification through public notices is also being used; a measure that has been criticized.
The notification attempts, however, are not standardized, so the General Superintendence uses different means in each process to locate foreign individuals. Alongside the procedural uncertainty, the means used are not always effective, and the in absentia effects are even applied in some cases. In order to address the issue and the need for greater uniformity, the General Superintendent informed that he is assessing the preparation of a specific resolution on the subject, bringing changes to the efficiency of the process and guiding how notification should be carried out.