Former CGU minister sees problems in exchanging fines for work – 01/28/2023 – Panel
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Minister of Planning and of the CGU (Comptroller General of the Union) in the government of Dilma Rousseff (PT), the lawyer Valdir Simão believes that the proposal to replace payments of leniency agreements of companies involved in scandals for execution of works is insufficient to correct distortions. “It is necessary to revisit the agreements and make a deeper analysis”, he argues.
The idea has been fanned by the current federal government and has the sympathy, for example, of the Minister of Civil House, Rui Costa.
One of the problems that Simão points out is the fact that not all the companies that signed agreements are contractors, that is, not all of them carry out works, which would generate an imbalance right from the start.
In addition, it would be necessary to verify any conflicts with the Bidding Law. “Would companies that have installments to be settled have preference over new works? Would companies that have never committed illegal acts be left out?”, he asks.
Simão argues that contracts should be reanalyzed in the light of a rule signed in 2020 between the CGU, AGU (Advocacia-Geral da União) and TCU (Union Court of Auditors) with the mediation of the STF (Federal Supreme Court), creating a one-stop-shop trading.
One of the criticisms made at the time of Lava Jato was that companies negotiated in different instances, were sentenced to high fines in each of them and this ended up compromising their survival later on.
“It is necessary to review values, including. Debts that should not be there were included”, he maintains.
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