🇧🇷Brazil

Multas Administrativas por Não Conformidade em Licitações Públicas

4 verified sources

Definition

Administrative fines imposed by CGU (Comptroller General's Office) for violations of Public Procurement Act and Decree 12,304/2024 (Integrity Programs Decree). Fines range from 0.1% to 20% of company gross revenue (previous fiscal year) or R$6,000–R$60 million when revenue cannot be determined. Additional 1%–5% fines on bidding/contract value for integrity program violations.

Key Findings

  • Financial Impact: R$6,000–R$60,000,000 per violation; or 0.1%–20% of annual gross revenue; or 1%–5% of contract value. For cartel/collusion: R$6,000–R$60,000,000 plus 0.1%–20% of gross revenue.
  • Frequency: Per violation; can be cumulative across multiple bidding processes
  • Root Cause: Inadequate document management, incomplete bid submissions, false statements in tender documentation, failure to implement mandated integrity programs (as of Decree 12,304/2024 effective Feb 8, 2025)

Why This Matters

The Pitch: Climate Data and Analytics firms bidding on Brazilian government contracts waste R$500,000–R$50 million annually in potential fines due to documentation gaps and procedural errors. Automated compliance monitoring and document validation systems eliminate audit risk and preserve contract eligibility.

Affected Stakeholders

Bid Preparation Officers, Contract Compliance Managers, Finance/Legal teams, Company Directors (personal liability)

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Financial Impact

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Methodology & Sources

Data collected via OSINT from regulatory filings, industry audits, and verified case studies.

Evidence Sources:

Related Business Risks

Perda de Vantagens Econômicas e Bloqueio de Fundos Públicos

Forfeiture of fraud-related gains (100% of illegal benefit); R$500K–R$5M+ in blocked government grants/incentives (1–5 year prohibition); potential mandatory dissolution

Multas por Cartel e Colusão em Licitações (Lei Antitruste)

R$6,000–R$60,000,000 (or 0.1%–20% of annual gross revenue, whichever higher); asset divestiture (variable); 5-year debarment from government bidding

Multas por Não Conformidade com Sistema de Comércio de Emissões (SBCE)

LOGIC ESTIMATE: Comparable environmental non-compliance penalties in Brazil range from administrative warnings to fines of up to 2% of revenue (per LGPD analog and environmental enforcement patterns). For mid-market emitters (15,000–50,000 MT CO2/year), estimated penalty exposure: R$500,000–R$5,000,000 per non-compliance incident.

Penalidades por Não Conformidade com Legislação Ambiental e Órgãos Reguladores

LOGIC ESTIMATE: Contract termination penalties range from 5–20% of contract value (typical liquidated damages for environmental compliance breach). For a climate analytics firm with R$50M in annual carbon credit contracts, early termination exposure = R$2.5M–R$10M. Central Bank restrictions can reduce market access by 30–50%, causing revenue loss of R$15M–R$25M annually for mid-market firms.

Multas de Proteção de Dados (LGPD)

BRL 50,000 - BRL 50,000,000 (2% annual revenue cap)

Atraso na Cobrança de Multas Ambientais (Pesquisa de Carbono/Dados)

BRL 4,000,000,000+ annual fine exposure (2010-2016 avg); typical payment wait: 3-5 years; fine expiration risk: 100% loss if deadlines missed

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