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SENACON Enacts New Ordinance on Terms for the Adjustment of Conduct (Ordinance n° 34/2021) 

by Priscila Sansone Tutikian, Amanda Cascaes, Amanda Rudzit

Published: February, 2021

Submission: February, 2021

 



A new ordinance enacted by SENACON became effective on February 5 bringing changes to the execution of Terms for the Adjustment of Conduct (“TAC”) in administrative proceedings before SENACON, revoking the previous ordinance.


The ordinance provides for several phases in the process of execution of a TAC, which will begin with a request, analysis of the feasibility of the negotiation, the negotiation itself, followed by authorization and subsequent decision. The request for celebration must be submitted in a specific petition. 


The ordinance also provides for the possibility of withdrawal from the TAC until the moment of its execution. However, the withdrawal presented after the decision of the feasibility of the negotiation will prevent a new request for a TAC regarding the proceedings covered in the withdrawal request for a period of up to one year. 


The ordinance also created a Negotiating Committee dedicated specifically to the conduction of TAC negotiations. 


In addition, the Ordinance establishes essential clauses that must be included in the TACs, amongst them: (i) commitment to adjust irregular conduct; (ii) means, conditions and the coverage area of the adjusted conducts and commitments entered into in the TAC; (iii) obligation to provide periodic information on the execution of the schedule of goals and conditions of the commitments; (iv) sanctions applicable for non-compliance; (v) application of a specific fine for non-compliance with each obligation, even in case of partial non-compliance; (vi) term of effectiveness, already including a possible single extension for the same period of time.


Once executed, SENACON must follow-up and attest the compliance with the TAC within the established term of effectiveness. 


Read the full Ordinance.                                                                                                                                                                                                                                                                                                                                                                


 


 

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