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March 26, 2020

COVID-19 | Administrative Law - MP nº 928/2020

Administrative Law updated on Mar 26 at 10:00 am

Provisional Measure No. 928/2020 suspends deadlines for enforcement proceedings and Statute of Limitations deadlines and addresses requests for access to information during the COVID-19 pandemic

Provisional Measure (PM) No. 928/2020, enacted on March 23, 2020, added Article 6-C to Federal Law No. 13,979, of February 6, 2020 (Coronavirus Law), to suspend the following deadlines:

  1. Procedural deadlines against the individuals and private entities accused in enforcement proceedings during the state of calamity resulting from COVID-19, within the Legislative Decree No. 6, of March 20, 2020;
  2. Statute of Limitations deadlines barring enforcement sanctions, provided in Law No. 8,112/1990 (Federal Civil Servants Statute), Law No. 9,873/1999 (Federal Administrative Statute of Limitations), in Law No. 12,846/2013 (Federal Anti-corruption Law) and in other rules applicable to civil servants.

PM No. 928/2020 came into force on the date of its enactment (March 23, 2020) and produced effects immediately, suspending all related deadlines.

As Legislative Decree No. 6/2020 recognized the occurrence of a state of public calamity with effects until December 31, 2020, it can be understood that the period of suspension of procedural and statute of limitations deadlines remains opened, until further definition. Such definition may come in the form of either the enactment of a new provisional measure with further clarifications or the amendment of the text of the PM No. 928, of 2020 during its approval by the National Congress. The suspension period may end with the enactment of a new provisional measure or of a legislative decree reassessing the effects of the state of public calamity.

Provisional Measure No. 928/2020 also adds Article 6-B to the Coronavirus Law to regulate the requests for access to information during the state of calamity. Priority will be given to requests related to measures tackling the state of calamity. Responses to requests for access to information in public administrative bodies or entities affected by the calamity state (i.e., that depend on in-person access or with public servants involved in measures to tackle the calamity) will be suspended. During the term of PM No. 928/2020 or of the law resulting from the approval of the PM, the requests for access to information should be submitted exclusively through the system available on the Internet, with no in-person service.

After the end of the state of calamity period, within the Legislative Decree No. 6/2020, the pending requests for access to information must be resubmitted in ten (10) days.

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