Public contracting: the integrity program as a requirement in the state of Rio Grande do Sul

• Autor(a) principal: Boff, Salete Oro
• Data de Publicação: 2023
• Outros Autores: Leal, Dionis Janner
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista do Direito Público
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/direitopub/article/view/39781
• topic: Compliance; contratação pública; lei anticorrupção; programa de integridade; Rio Grande do Sul.

This article analyzes the contours of Law 12.846, of 2013, commonly known as the Corporate Anti Corruption Law, which establishes the integrity program as a requirement for contracting services and purchasing products with the Government, based on its regulation by Decree no 11.129, 2022, and other state and municipal regulations, such as State Law No.15,228, 2018, of the State of Rio Grande do Sul, the legal effectsof such a requirement and its constitutionality as a qualification requirement or not, in order to mitigate the effects of corrupt acts before the Public Administration through public contracts. The dialectical method, based on doctrine, law and articles, was sought to address the regulation of integrity programs in accordance with the new Anti-Corruption Law (Law 12.846 / 2013) and its regulatory decree. The study made it possible to verify that the requirement for public procurement of integrity mechanisms by private corporations has a constitutional bias and does not conflict with the general law on public procurement, allowing the Government to have greater security in the design of contractual links with the private sector.