There is “poor control” in the entire decision-making chain of public administration – central, regional, municipal and agencies with delegated functions (in the area of safety, education and health). There are even anti-corruption mechanisms in place, but the lack of scrutiny over their implementation is the major loophole that the Corruption Prevention Council (CPC), a body operating in orbit of the Court of Auditors, identified in its last report.
This time around, the CPC did not limit itself to producing a document with the numbers of the notices received by the courts on fraud and corruption situations last year. It carries out a qualitative analysis, identifies the main risk factors and announces that it will send the report to the Supreme Judicial Council, the Attorney General and other bodies with audit, control and inspection functions such as the Court of Auditors and Regional and Sectoral Inspections .
This is a way of “promoting and strengthening the involvement of the administrative culture on risks and the importance of effective adoption of preventive measures and tools,” the report said.
From the analysis of the 738 court cases reported in 2020, the CPC identified risk factors in administrative decision-making, government procurement, the accumulation of functions, and the provision of benefits and financial assistance. But also in the exercise of delegated functions, in the administration of resources, in treasury and accounting and even in the administration of computer systems.
In all of these areas the common point is “poor control”. The “exercise of discretion” has been identified in administrative decision-making processes and a lack of vigilance regarding conflicts of interest and public service allocation procedures. There has also been a lack of control over the management of human or patrimonial resources, including the use of vehicles, equipment, and other goods or assets, and insufficient control over the procedures for collecting, registering, and accounting for funds and assets through services.
The main types of offenses related to the 738 judicial notices received were essentially corruption (237) and embezzlement (190), to which, to a lesser extent, offenses such as abuse of power (82) and economic participation in companies (70) or prevention (57 ).
The area of local government is the one that stands out with more than half of the court reports (382). Of this universe, the churches have a special meaning, which alone comprises 293 communications. Central administration, on the other hand, accounts for about 1/4 of communications (187), with a focus on security forces and services (54), followed by those involved in education (28) and health (28). 25).
However, when this is the total universe of reported cases, there are far fewer cases where there are “elements that indicate or prove the occurrence of crimes”. Most are submission requests (396) or requests to open requests (240). Only 102 are decisions where there is evidence of evidence or evidence of a crime.
Of the 102 companies where this happened, only 68 had plans to prevent the risk of corruption and related violations, and less than half (42) have fulfilled their obligation to submit the relevant implementation reports.
The CPC therefore insists on the “need to increase disclosure” of the recommendations to prevent corruption risks and will communicate the results of this analysis to the relevant authorities.