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Decree no. 67,681/23 and the internal control of the public administration

Decree no. 67,681/23 and the internal control of the public administration

On May 3rd., 2023, the Government of the State of São Paulo issued Decree No. 67,681 (“Decree”), establishing the Committee for Corruption Combat (“Committee”).

According to the Decree, the Committee was established to “advise the State Governor in the development, implementation and evaluation of public policies to prevent and combat corruption in the State Public Administration”.

Despite having a consultative nature, the Committee was structured to have a proactive and prepositive role before the state public administration.

It is incumbent upon the Committee to: (i) submit guidelines and proposals for the implementation of public policies aimed at fighting corruption; (ii) review the planning of anti-corruption activities, with the intention of proposing program priorities to the Governor; (iii) suggest financial allocations for the improvement of anti-corruption activities, through budgetary allocations or other sources; (iv) monitor results and propose changes in anti-corruption policies; and (v) promote studies, prepare manifestations and propose measures related to anti-corruption matters, in this case when determined by the Governor.

Its composition is essentially public, with the possible participation, without voting rights, of entities from the private sector, upon invitation by the Committee. Its titular members are: (i) the State Controller General, responsible for coordinating the Committee; (ii) the Chief Secretary of the Civil House; (iii) the Secretary of Justice and Citizenship; (iv) the Secretary of Public Safety; (v) the Secretary of Digital Management and Government; and (vi) the State Attorney General.

In addition, the Decree encourages creating a Technical Chamber and working groups to support the Committee’s activities.

The Federal Constitution and the Constitution of the State of São Paulo provide for the scope of internal control in the public administration, federal and state, and define its purposes.

Therefore, the Decree signalizes an intention toward the improvement of corruption combat public policies through the institutional dialogue among different state public administration bodies related to corruption affairs and in the possibility of society participation, from the opened opportunity to inviting private entities to participate in the Committee, even without voting rights.

The Committee will meet biannually (or extraordinarily, at any time) which will be closely followed up to verify the effectiveness of the initiative and, what it is main expected, a strengthening of a state policy.

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