13/10/2016 15h18 - Updated 13/10/2016 15h18

House can vote anti-corruption project in November, rapporteur says

Deputy Onyx Lorenzoni race against time to try to close an opinion and convince party caucuses to support your text.
Photo: reproduction
Photo: reproduction

With just over two weeks of work ahead, Deputy Onyx Lorenzoni (DEM-RS), rapporteur of the bill that became known as anti-corruption measures, race against time to try to close an opinion and convince party caucuses to support your text. The expectation is that the report be submitted in the first week of November to be voted until the day 4 and can be voted on the House floor to 9 from December, International Day to Combat Corruption.

"We go beyond the 10 measures to improve transparency, control and combat corruption in Brazil ", said Lorenzoni. However, regardless of what is added, there are already controversial points, impasses and little consensus on the measures drawn up by federal prosecutors, during Operation Lava Jato. The project came to Congress with two and a half million signatures, collected over four months work, in which various segments were heard.

One of the hot spots is the first topic of the original text that deals with the prevention of the corruption, transparency and protecting the source of information. At this point, MPF suggests called integrity tests, which would, according to prosecutors, "A simulation of situations, without the knowledge of the public official or employee, in order to test their moral and conduct predisposition to commit crimes against the public administration ". According to prosecutors, organizations such as Transparency International and the United Nations Organization (HIM) encourage this practice, but delegates and other sectors reject the idea.

"We have not gone through the stands to build majority to enable adoption of the text", said Lorenzoni. As the proposal should receive more pages, the rapporteur is studying the possibility of opening space for complementary laws, in the case of some specific points. One would also deal with mechanisms to prevent illegal practices involving the registry offices in the country.

In today's session (13), occurred in one of the smallest of the House plenary, with emptied House, the rapporteur offered a draft of Notarial College members in Brazil that would bring to the Brazilian legislation the model applied by the Spanish authorities at the crossroads of information.

"The Spanish experience is an innovation where registries and tabeliãos created an agency and monitor every purchase, acquisition, establishment of companies. They have had very great effectiveness to map and identify movements that after, when investigated, eventually even representing the practice of money laundering. They come in the context of prevention ", he said. According to the rapporteur, in practice, It would be an improvement of the monitoring work done by COAF accompanying the movement of the financial system in the country daily.

One of the proposals to include these changes in the routine of the Brazilian authorities would create a monitoring body within the country Notarial College, bringing together over 9 thousand notary notes, using their database, today with information 45 million egregious acts that have been updated since 2006, between buying and selling goods and formalization of companies.

"Let's see if we have condition, if only as a pilot project. In high school notarial there are already laws that we can adjust to create the monitoring body and see how it evolves in two or three years ", he suggested.

President of the college of notaries, Ubiratan Guimarães, He alerted to the fact that all the measures included in the anti-corruption proposal are focused more on repression to practice. "The role of the notary is preventive, whenever you have a notarial act well practiced, you no longer have the participation of the Judiciary. The notary, acting preventively, prevents corruption and money laundering and the creation of companies with people who are not true holders, sale and purchase of real fruit of corruption or money laundering where they appear the orange ", exemplified.

Guimarães also noted that the information base built from data registries around the country already serve as a source for investigations by the Federal Police, Justice and Public Ministry. According to him, about seven thousand authorities are registered and have a digital certificate that allows access to data.

"The Spanish model would be a step forward. In 22 European countries have notarial Brazilian type. They have an order as OAB and all are members so that they can oversee the practices and assist the Judiciary. We want this to be a qualified information, creating a body of prevention. The COAF is, So, clearance, and forwards it to the competent authorities. It would not be a crime communication, but acts that generate suspicion ", completed.

Source: Agency Brazil

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