Brazil will continue to strengthen mechanisms to make it easier for citizens to report corruption, to facilitate actions including by law enforcement on the information provided, and to protect “whistle blowers” and others in the public and private employees who take personal risks to unveil corruption activities.
Themes: Whistleblower/civil society space protection
Last updated: December 2020
Concrete: Somewhat Concrete | New: Not New | Ambitious: Not Ambitious
CGU creates channel to receive manifestations related to the new coronavirus (COVID-19)
Fala.BR receives almost 16 thousand corruption reports on the coronavirus
E-Ouv online system to receive citizens' complaints
LAW 13,964 / 2019 (ORDINARY LAW) 12/24/2019
DECREE NO. 10,153, OF DECEMBER 3, 2019
Non-prosecution agreement under Law 13.964/2019 (“Anticrime Law”)
Transparency International Brazil Annual Review 2019 - pages 20 & 21
Since April 2020, no improvements were implemented. However, Brazil still counts on a network of federal, state and municipal Ombudsperson Office, in charge of receiving and processing reports of corruption. During the COVID-19 pandemic, this network has proved an important reporting channel, as it started to receive information on irregular health services, infringement of social isolation rules and frauds in the emergency aid programme.
Updated: October 31, 2020
New legal measures were implemented:
• Decree 10.153 of December 3rd, 2019 establishes that the complaints systems (Sistemas de Ouvidorias) should apply more rigorous measures to keep the whistle-blower's identity anonymous.
• Law no. 13.964/2019, known as the Anti-crime Package, also contributed to the improvement of the whistle-blowing protection in the public sector. It is now mandatory for all bodies of the Administration to maintain an Ombudsman's Office or a Sanctioning Office, responsible for receiving reports of illegal conducts and acts that are contrary to public interest.
•The law now also establishes protections regarding the confidentiality of the whistle-blower's identity and against retaliation and specifies monetary awards to whistle-blower complaints that result in asset recoveries.
These measures, although still timid if compared to whistle-blowing legislative best practices, seem to be an advancement in the right direction. Future improvements in the legislation should consider protections towards private sector whistle-blowers and further detail protection proceedings. For more information on this, it is possible to read Transparency International Brazil's annual report in the evidence section.
Updated: April 30, 2020
Several measures have been taken recently:
• Law 13.460 of June 26th, 2017, on social participation, protection and guarantee of the rights of public service users. Provides that every entity must have effective channels to receive citizens complaints and other communications, including reports of corruption. It also provides that any personal information about the complainant/whistleblower must be kept secret.
• Law 13.608 of January 10th, 2018, on public hotlines for complaints including reports on corruption. It introduces the possibility for the government to reward citizens that provide information that helps police investigation. It also provides that any personal information about the complainant/whistleblower must be kept secret.
• Interministerial Ordinance 424 of December 30th, 2016 (Portaria Interministerial nº 424/2016) establishes that any municipality that receives money from the Federal Government (with the exception of resources transferred due to legal or constitutional obligations) must have an effective channel for citizens to report irregularities.
• An online system was created by CGU and made available in 2017 for all municipalities with no cost, named E-Ouv Municípios, for them to receive citizens’ complaints in the terms of the Interministerial Ordinance 424 (https://sistema.ouvidorias.gov.br/publico/BuscadorOuvidorias/BuscadorOuvidorias.aspx).
• The topic of whistleblower protection is being widely debated, including within the Brazilian National Anti-corruption Strategy (ENCCLA). There are also several bills under evaluation at the Brazilian Congress that deal with this topic, such as PL 9167/2017 and PL 8727/2
Updated: June 30, 2018