Newsletter – May/20 | White Collar

THE COURT OF APPEALS OF SÃO PAULO DECIDED THAT THE COMPANIES WHOSE PARTNERS WERE INDICTED FOR BID RIGGING CANNOT BE EXCLUDED FROM ALL BIDS AND CONTRACTS WITH PUBLIC ADMINISTRATION

The Court of Appeals of São Paulo ("TJSP") decided that it is excessive the precautionary measure that excluded companies from all public bids and contracts with the Public Administration due to the indictment of its partners for bid rigging crime.

Article 319, VI, of the Code of Criminal Procedure provides as one of the precautionary measures other than prison, the "suspension of public function or of an economic or financial activity when there is founded reason that it could be used for the practice of criminal offenses. ".