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Assessment of Integrity Programs under the Public Procurement and Contracting Law: Key Aspects
of Decree 12,304/2024

Bruno Maeda, Carlos Ayres, Erica Sarubbi, Fernanda Bidlovsky, Beatrice Yokota, Renato Machado, Mainara Massuella e Mariana Cunha.

On December 9, 2024, the Brazilian Presidency of the Republic published Decree 12,304/2024, which regulates articles of Federal Law No. 14,133/2021, the Public Procurement and Contracting Law. It sets out the guidelines and assessment criteria for integrity programs in the following situations: (i) large-scale contracts for construction, services, and supplies; (ii) tie-breaking decisions between two or more proposals; and (iii) the rehabilitation of bidders or contractors (Article 1, main text, and I, II, and III), within the scope of federal public administration. The decree will come into force on February 7, 2025, 60 days after its publication.

It’s worth noting the integration of ESG principles into the integrity program assessment criteria—this is a growing trend in recent reports from the Brazilian Federal Comptroller General (CGU), reflecting the increasing importance of corporate practices focused on sustainability and social responsibility.


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© 2020 Maeda, Ayres & Sarubbi Advogados

+55 (11) 3578-6665
contato@maedaayres.com

Av. Pres. Juscelino Kubitschek 1700
Edifício Plaza JK 6º andar
São Paulo SP

© 2020 Maeda, Ayres & Sarubbi Advogados