Public agents, therefore, must always be careful not to deviate from ethical values, such as morality, impersonality, impartiality, equality and transparency in the acts of managing public affairs, enshrined in the normative diplomas that govern Public Administration.
The government's concern with ethical standards is evident in Law 12,813 of May 16, 2013, which deals with conflicts of interest in the federal executive branch. The law is the result of bills 26/2012 from the Federal Senate and 7,528/06 from the Chamber of Deputies, presented by the executive branch.
In a brief analysis, Law 12,813/2013 addresses, in its 13 articles, the following aspects:
situations that constitute a conflict of interest during and after the exercise of the position or employment; rules and obligations for holders of positions or employment who have access to privileged information; powers email database australia to monitor, evaluate and prevent conflicts of interest; and sanctions for public servants and employees who commit acts that constitute a conflict of interest.
The conflict of interests, according to the aforementioned Law, is “the situation generated by the confrontation between public and private interests, which may compromise the collective interest or improperly influence the performance of the public function”.
At the federal level, Interministerial Ordinance No. 333, of September 19, 2013, was also issued, regulating two excellent precautionary instruments: consultation on the existence of a conflict of interests and the request for authorization to exercise a private activity1.
The occurrence of conflict situations may result in punishments from the Federal Court of Auditors itself. In this sense, the Ruling No. 11516/2016 – 2nd Chamber in which the Court determined:
[...] refrain from entering into contracts with companies that have in their corporate structures a spouse, partner or relative in a direct line, collateral or by affinity, up to the third degree, of the President, or of the members, effective and alternate, of the National Council and the Fiscal Council or of the Regional Councils [...], as well as of directors of union or civil entities, of commerce, employers or employees, because such practice allows the emergence of a conflict of interests and represents a violation of the principles embodied in art. 37 of the Federal Constitution, especially those of morality, impartiality and equality.
2 Note that the Court's pedagogy is to prevent people with a strict personal relationship from occupying commissioned positions and being unduly benefited during the exercise of their activity. It is also worth noting that Binding Precedent No. 13 of the Federal Supreme Court imposes respect for the public interest and, mainly, for administrative morality.
1 MINISTRY OF PLANNING, BUDGET AND MANAGEMENT and COMPTROLLER GENERAL OF THE UNION. Interministerial Ordinance No. 333 of September 19, 2013. Official Gazette of the Union [of the] Federative Republic of Brazil, Brasília, DF, September 20, 2013. Section 1, p. 80.