São Paulo Enacts Law that Penalizes Public Officials engaged in corruption on the pandemics
12/03/2021
| On March 10, 2021, the Governor of the State of São Paulo, João Doria, enacted law 17,336/2021, which establishes administrative penalties for public officials who commit acts of corruption and improbity concerning resources and assets meant to fight against pandemics and/or public calamity. According to the new law: 1 – The minimum amount of the fine in São Paulo for public officials engaged in illegal acts during pandemics or calamities will be ten times greater than the fine established in the Administrative Improbity Law, which is up to three times the reimbursement of amounts diverged or used in an illegal way; 2 – In the new state law, the minimum amount of this fine will be equivalent to one thousand Ufesps (Fiscal Units of the State of São Paulo); 3 – The amount of the estimated administrative fine will be applied twice in relapse cases; 4 – The use of the administrative sanction provided for in the new law does not eliminate the penalties provided for in the Administrative Improbity Law, specifically regarding the confiscation of property and public function, reimbursement, the prohibition of hiring with the State Public Administration and the suspension of politicians rights. More details 1 – The State Government will also assign the administrative body responsible for starting possible investigations and monitoring administrative procedures for public officials who commit irregularities. 2 – The new rules are already in effect for anyone in the exercise of their mandate, job or public function, paid or unpaid, of any kind in São Paulo. |
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