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Home Anti-corruption Government proposes extension of deadlines for the start of implementation of the Anti-Corruption Package for 2013

Government proposes extension of deadlines for the start of implementation of the Anti-Corruption Package for 2013

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Governo propõe alargamento dos prazos do início da implementação do Pacote Anti-Corrupção para 2013

When the debate on the Anti-Corruption Legislative Package (PLAC) began with a view to its approval, one of the key recommendations in the process was the need for the laws that compose it to be submitted and approved by the Assembly of the Republic (AR) in the same session, with the purpose of providing effectiveness at the time of their implementation, as they are linked and, therefore, the application of one without the other approved cannot happen effectively, thus weakening efforts to immediately start attacking corruption at all levels and holistic way.

It so happens that for the time being and to confirm what existed as a recommendation of the consultants who prepared the PLAC bills and that for this analysis, the Public Prosecutor's Office Law (LMP) is brought, for illustration purposes - whose revision is limited to the reinforcement of mechanisms of combating corruption and which is therefore an integral part of the PLAC -, in some provisions it cannot be applied, specifically with regard to corruption and related crimes. That is, the LMP empowers the Central Office for Combating Corruption (GCCC) to instruct and prosecute behaviors that are linked to illicit enrichment and influence peddling, but in contrast, these crimes do not yet exist by law, and for this it must the revision of the Penal Code (CP) is approved, which has not happened yet (the revision proposal contains the forecast and compulsion for such behaviors, but it has not yet been approved and therefore cannot be applied). This is the factual and technical demonstration that there was a need for a sequential approval of the laws that make up the PLAC and in the same session of the AR.

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