The Transparency Portal, at federal level, was developed by the Ministry of Transparency and the Brazilian Office of the Comptroller General during the first term of President Luiz Inácio Lula da Silva, in November 2004, with the initial purpose of giving visibility to financial aspects related to all federal government programs and actions.
Any individual or company can access the Transparency Portal and any financial aspects of the Federal Government, although the Transparency Portal does not provide certificates.
Over the years, some records of organizations sanctioned for violating laws have been created, especially with regard to corruption and fraud in bidding processes.
Currently, the following are the entries on the Transparency Portal, at federal level, in Brazil:
On the date of preparation of this article, that is, on August 29, 2023, (i) CEIS has 14,883 sanctions and leniency agreements, and 12,494 sanctioned and registered leniency agreements, (ii) CNEP has 776 sanctions and leniency agreements, and 481 sanctioned and registered leniency agreements, (iii) CEPIM has 4,046 sanctions and leniency agreements, and 2,228 sanctioned and registered leniency agreements, and (iv) CEAF has 4,637 sanctions and 3,567 registered sanctions.
Therefore, we obtain the graph shown below, considering the volume of registered data in each record:
As for the types of sanctions applied and recorded, we move on to the visualization of the graph below:
1.1. CEIS
The National Registry of Ineligible and Suspended Companies (CEIS) was initially created by Decree 8.420, of March 18, 2015, which was later revoked by Decree 11.129, of July 11, 2022, both of which had the purpose of regulating Law 12.846, of August 1, 2013.
Later, the CRG’s Ordinance #1.332/2016 dealt with information related to penalties and leniency agreements that may be included in the National Registry of Ineligible and Suspended Companies (CEIS) and in the National Registry of Punished Companies (CNEP), which must be registered and managed through the Integrated Registration System CEIS/CNEP (SIRCAD). However, it was revoked by CGU’s Normative Ordinance #75, of May 9, 2023, with effect from June 1, 2023. This Ordinance ended up establishing that the information related to penalties and leniency agreements that could be included in the National Registry of Ineligible and Suspended Companies (CEIS) and the National Registry of Punished Companies (CNEP) must be registered and managed through the Registration Integrated System CEIS/CNEP (SIRCAD). Therefore, bodies and entities of the Federal Executive Branch are excluded from the obligation to use the SIRCAD, which will comply with the provisions of articles 22 and 23 of Law #12,846/2013, that is, they will opt for the use of a registry of administrative accountability processes to be instituted by the Ministry of Transparency, Inspection, and Control.
The CEIS presents a list of companies and individuals that have suffered sanctions that implied the restriction of participating in bids or entering into contracts with the Federal Government. Thus, in addition to promoting the management transparency to the citizen, CEIS makes it easier for bodies and entities to check it, during a bidding process, avoiding hiring those who are prevented due to any violation throughout the national territory.
1.2. CNEP
The National Registry of Punished Companies (CNEP) was also created, at first, by Decree #8,420, of March 18, 2015, which was later revoked by Decree #11,129, of July 11, 2022, both of which had the purpose of regulating Law #12,846, of August 1, 2013.
Subsequently, CRG’s Ordinance #1,332/2016 also provided for information relating to penalties and leniency agreements that may be included in the National Registry of Ineligible and Suspended Companies (CEIS) and in the National Registry of Punished Companies (CNEP), which must be registered and managed through the Integrated Registration System CEIS/CNEP (SIRCAD). However, it was revoked by CGU’s Normative Ordinance #75, of May 9, 2023, with effect from June 1, 2023. This Ordinance ended up establishing that the information related to penalties and leniency agreements that could be included in the National Registry of Ineligible and Suspended Companies (CEIS) and the National Registry of Punished Companies (CNEP) must be registered and managed through the Registration Integrated System CEIS/CNEP (SIRCAD). Therefore, bodies and entities of the Federal Executive Branch are excluded from the obligation to use the SIRCAD, which will comply with the provisions of articles 22 and 23 of Law #12,846/2013, that is, they will opt for the use of a registry of administrative accountability processes to be instituted by the Ministry of Transparency, Inspection, and Control.
The National Registry of Punished Companies (CNEP) presents the list of companies that have suffered any of the punishments provided for in Law #12,846/2013 (Anti-Corruption Statute).
1.3. CEPIM
The Registry of Banned Private Non-Profit Entities (CEPIM) was created by Decree 7,592, of March 9, 2013.
In this way, CEPIM presents a list of non-profit private entities that are prevented from entering into new agreements, transfer contracts, or terms of partnership with the Federal Government, due to unsolved irregularities in agreements, transfer contracts or partnership terms previously signed.
Thus, CEPIM allows the Federal Government to become aware of the impediment situation of non-profit entities with which the government has signed agreements, transfer contracts, and partnership terms, preventing new contributions from being made if any irregularity is demonstrated by such institutions.
1.4. CEAF
The Expulsion Registry of Federal Administration (CEAF) is a database maintained by the Brazilian Office of the Comptroller General (CGU) that gathers information, since 2004, on civil servants of the Federal Executive Branch punished with dismissal (penalty applicable to permanent public servants who commits a serious infraction in the exercise of the function and is still in the Public Administration), removal (expulsion penalty applied to the person who occupies only an appointive position or commission-paid position, not being an permanent public servant), or retirement annulment (punishment applied when the civil servant is already retired, but is penalized with dismissal for an act performed while in office), although it does not provide information on public servants of state-owned companies or mixed-capital companies.
CEAF obtains its information directly from the Federal Register.
