Assets Disclosure by Public Officials: Brazil

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Historical Information

Full Name and Date of Effectiveness:

Number 8429/1992 Lei de Improbidade Administrativa, regulated by decree number 978/1993.

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

Does the Constitution mandate public officials to disclose their assets?

Coverage of Law/Rule

To what categories of civil servants or appointed officials is this law/rule applicable?

Law regulates all public servants, those elected, nominated, or designated, paid or unpaid, contracted or invested with a public mandate, charge, employment or other function.

To what categories of elected officials is this law/rule applicable?

Local, state, and national.

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

All government officials are covered by this rule.

Do provincial and local employees follow the same or similar assets declaration law?

All government officials are covered by this rule.

Declaration Content

What kind of value of assets must be declared?

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Is it necessary to include family members’ assets as well?

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Filing Frequency & Method

Do civil servants need to file the information during first entry into public service? And, thereafter at what frequency?

The Declaration of Assets must be filled annually and when the public servant vacates his/her position.

Can the declaration be filed electronically?

No.

Declaration Processing

Which agency of government receives and processes public officials' assets declaration?

Delagacia de Recita Federal (Delegation of Federal Income)

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

Any person can request the appropriate administrative authority to investigate any alleged violation of this law. In order to request an investigation, such request must be written and signed by the complainant and shall contain proof and information regarding the alleged violations.

How is the declaration's content verified?

The appropriate administrative authority shall immediately review the facts and if the "violator" is a federal public servant such public servant shall be processed in accordance with Law No. 8.112, articles 148 to 182, law dated Dec 1990. If the violator is a military public servant, the military rules and regulations will apply.

How long is the declaration record maintained?

Not stated in the rule.

Punishment for Breach

What is the punishment for not filing the declaration?

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What is the penalty for making inaccurate statements on this declaration?

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Can an official be prosecuted for violating this law?

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Public Access to Declaration

Does the law/rule state that the public can access this information?

Due to Fiscal Secrecy Right the information is not available to public access

If the law/rule mentions public access to this information, does it also state how the public can access this information?

Not applicable