The Attorney General’s Office (Advocacia-Geral da União)
The Federative Republic of Brazil is formed by the indissoluble union of the States, Municipalities and the Federal District, in accordance with Article 1st of the Constitution of the Federative Republic of Brazil of 1988. The Union is an autonomous federative entity in relation to the States, Municipalities and the Federal District, having its administrative and legislative powers determined by the Constitution.
In accordance with Article 131 of the Constitution of the Federative Republic of Brazil of 1988, the Attorney General’s Office is the institution which, either directly or through a subordinated body, represents the Union and the Federal Agencies, judicially or extrajudicially, and is responsible, under the terms of the supplementary law which provides for its organization and operation, for the activities of judicial consultation and assistance to the Executive Power.
The Attorney General’s Office (AGU) is considered by law an essential function to justice and is designated to provide legal consultancy and legal representation of Brazil judicial or extrajudicial affairs, in both our territory and abroad.
AGU’s consultancy activities occur through advisement, assistance and orientation to the authorities and leaders in the Executive branch, providing legal certainty to the administrative acts and procedures, such as in planning and executing public policies, promoting lawful public procurement, contracts, covenants and settlements, among others.
In Courts, AGU represents the three branches of the Brazilian State (Executive, Legislative and Judiciary) as an institution essential to Justice, according to the Brazilian Constitution.
Mediation, Conciliation and Arbitration are also part of AGU’s activities to prevent litigation, and aim to resolve administratively the divergences between bodies and entities of the Federal Administration and, eventually, of other branches and entities of the Federation.
The Union shall be represented by the office of the Attorney General for the National Treasury (Procuradoria-Geral da Fazenda Nacional) in the execution of receivable taxes of a tributary nature.
The Attorney General’s Office is headed by the Attorney General for Brazil, appointed by the President of the Republic among citizens over thirty-five years of age of notable legal knowledge and spotless reputation.
• General Secretariat on Consultancy
• General Secretariat on Litigation before the Supreme Court
• The Solicitor General’s Office (PGU)
• Attorney General for the National Treasury (PGFN)
• Attorney General for the Central Bank (PG-BACEN)
• General Comptroller’s Office of AGU
The contacts can be found here.
In the several states of the Federation, AGU acts through the Regional and local Offices.
These bodies are composed of Attorneys for Brazil, Attorneys for Federal Agencies (PGF), Attorneys for the National Treasury (PGFN) and Attorneys for BACEN, as well as the administrative team.
Admission into the careers of the institution takes place by means of a civil service entrance examination of tests and presentation of academic and professional credentials.
General Secretariat on Consultancy (Secretaria-Geral de Consultoria – SGCS)
Is responsible for assisting the Attorney General regarding the internal affairs of the Attorney General's Office and the internal control of the legality of the acts.
General Secretariat on Litigation before the Supreme Court (Secretaria-Geral de Contencioso – SGCT).
The Secretariat's mission is to assist the Attorney General in the task of defending the statutes challenged in direct actions of unconstitutionality, as well as to act in the defense of the Union and in the representation of federal authorities before the Brazilian Federal Supreme Court.
It is also responsible for coordinating, guiding, and supervising the activities carried out by the specific offices of AGU within the bodies of the Legislative and Judiciary Powers.
General Consultancy Office (Consultoria-Geral da União – CGU)
Is responsible for assisting the Attorney General in the task of providing counsel and legal advice to the President of the Republic, for the extrajudicial representation of the Union and the internal control of the legality of acts by the federal public administration. Also settles legal disputes between advisory bodies, promotes the solution of conflicts of interest in the federal public administration, and acts in arbitrations, adjustments and agreements concerning the extrajudicial interests of the Union.
Attorney General for the National Treasury (Procuradoria-Geral da Fazenda Nacional - PGFN)
Its duties lie mainly in the representation of the Union in tax cases, in the judicial and administrative collection of tax and non-tax credits and in advising and consulting within the scope of the Ministry of Finance.
Attorney General for the Central Bank (Procuradoria-Geral do Branco Central - PGBACEN)
Represents the Central Bank in all judicial and extrajudicial bodies, in addition to acting in cases of conciliation, mediation and arbitration, such as those before the Federal Public Administration's Arbitration Chamber. The PGBC also carries out, exclusively, the activities of legal advice within the scope of the Central Bank, as well as the verification of the liquidity and certainty of the entity's credits, registering them in active debt for the purposes of amicable or judicial collection.
General Comptroller’s Office of AGU (Corregedoria-Geral da AGU)
Is mainly responsible for (i) the internal affairs, the procedures for verifying the regularity and effectiveness of the services of the AGU's legal bodies and those linked to it, as well as for monitoring the functional activities of AGU members, and (ii) for the disciplinary activity, investigating the possible disciplinary infractions committed by the Attorneys of AGU while exercising their functions.
It is divided in several Departments with specific attributions, such as the Department of International Affairs (DAI) and the Department of Public Patrimony and Probity (DPP).
DEPARTMENT OF INTERNATIONAL AFFAIRS
Contact internacional@agu.gov.br
The Department of International Affairs is the Solicitor’s General Office branch responsible to plan, oversee, and coordinate the activities related to the representation and defense of the legal interests of the Federative Republic of Brazil and the Federal Public Administration in international cases or in cases that involves International Law before Brazilian courts.
In a practical sense, the Department is responsible to oversee and act litigation before Brazil’s Judiciary related to International Law, and also to provide legal representation to the Federative Republic of Brazil before international and/or foreign courts in any matters thereof.
The Coordination of International Affairs (CONAI) is the specialized unit responsible for the national proceedings concerning international affairs.
Divisions:
1. Coordination of International Law Disputes - Coordenação de Controvérsias de Direito Internacional (CODIN)
The Coordination of International Law Disputes (CODIN) is responsible for managing the Disputes on International Law in Brazil Unit and the Disputes on International Law on Human Rights Unit, as well as coordinating the representation of the Brazilian State before the Superior Courts in cases related to matters of Public and Private International Law.
CODIN coordinates NUINT and NUMAN’s activities.
Disputes on International Law in Brazil Unit - Núcleo de Controvérsias de Direito Internacional no Brasil (NUINT)
NUINT’s team works in the representation of the Brazilian State before the Superior Courts in cases of Public and Private International Law, also providing orientation and consultation to other units in matters related to these topics. NUINT’s attorneys are also responsible for executing passive international cooperation requests in matters of interest to the Federal Government.
The Disputes on International Law on Human Rights Unit - Núcleo de Controvérsias de Direito Internacional dos Direitos Humanos (NUMAN) main task is the representation and defense of the Federative Republic of Brazil in cases regarding International Human Rights Law started in international organizations bodies and courts, usually in coordination with the Ministry of Foreign Affairs and the Ministry of Women, Family and Human Rights. NUMAN’s team is responsible for the legal form and content of the Brazilian State defense in demands initiated before the organs of the Inter-American Human Rights System as well as before bodies referred to in international human rights treaties, such as the Human Rights Committee and the Children's Rights Committee, both UN treaty organs. In their activity, NUMAN’s lawyers draft written allegations, take part in hearings and coordinate with other Brazilian State Bodies in order to manage the representation and court defense of the Brazilian State in International Human Rights demands.
2. Foreign Jurisdiction Disputes Unit - Núcleo de Controvérsias em Foro Estrangeiro (NUEST)
NUEST’s team oversees, plans, coordinates and acts in judicial and extrajudicial litigation involving the legal interests of the Federal Public Administration and/or the Federative Republic of Brazil in any matters before foreign jurisdictions.
Aiming to provide specialized legal counsel in those cases, NUEST’s may engage attorneys and/or law firms authorized to act on the specific jurisdiction with wide knowledge of the local legislation. In such instances, NUEST’s attorneys are responsible to define the legal strategy of the Republic on cases before the foreign courts, and to oversee and orientate the hired law firms.
DEPARTMENT OF PUBLIC PATRIMONY AND PROBITY
Contact pgu.dpp@agu.gov.br
Amongst other functions, the DEPARTMENT OF PUBLIC PATRIMONY AND PROBITY coordinates court actions concerning administrative dishonesty acts and fighting corruption, and has an active participation collaborating with the Office of Comptroller-General (CGU) in the leniency agreements in the context of the Brazilian Anticorruption Law.
NON-CRIMINAL TOOLS IN CORRUPTION CASES
Judicial lawsuit against acts of administrative dishonesty (Administrative Dishonesty Law, Law n. 8.429/1992, also called Improbity Act)
This important instrument on corruption cases can be filed against legal and natural persons due to act contrary to the basic principles of the Public Administration, committed by a public agent, during the exercise of public function or arising therefrom, and which may result in damage to the treasury or illicit enrichment of the public agent, as well as other cases.
It can be filed against the public agent who commits the unlawful act, as well as against any individual and legal entities that contributes to the practice and benefits from it. The possible sanctions are: loss of public office, suspension of political rights, loss of assets or values unlawfully added to the accused´s patrimony, compensation for damages to the treasury, civil fine, debarment from public bidding and contracts and prohibition of receiving tax benefits or tax incentives.
Anti-Corruption Act (Law n. 12.846 /2013, Decree n. 8.420/2015)
The first corporate liability regime for wrongful acts committed against the public administration in Brazil. This Law provides for the strict civil and administrative liability of legal persons for acts committed against national or foreign public administration.
This Act innovated by establishing a new anti-corruption instrument: the Leniency Agreement.
Leniency Agreements
The Office of the Comptroller General of the Union (CGU) is the competent authority to enter into leniency agreements in the Federal Executive Branch as well as on cases of wrongful acts committed against the foreign public administration, with the collaboration of the Attorney General's Office. AGU is responsible for giving judicial consultation and providing judicial security, since the agreements also include sanctions from civil liability (Improbity Act).
In Leniency Agreement procedures, Attorney’s for Brazil play 3 important rules: are part of leniency agreements committees (which make negotiation and suggest reciliation or signature); provide Official Legal Opinion about the procedure; and sign the Leniency Agreement (Both Ministers of AGU and CGU).
More information here.