The purpose of this policy is to guide the honest, transparent and legal conduct of all professionals directly or indirectly related to JG ENGENHARIA, in order to prevent illegal activities. The provisions of this policy must be read in conjunction with and in addition to JG ENGENHARIA's Code of Ethics. This Policy expresses and reinforces the support and commitment to comply with and respect the laws to combat and prevent corruption in force in the national territory. Thus, this Policy regulates the rules and guidelines that must be observed and complied with to ensure that the activities performed by JG ENGENHARIA comply with the legal and regulatory requirements against corruption.
This policy applies to all professionals working within the organization: management, employees, interns, young apprentices, and outsourced employees of JG ENGENHARIA.
These standards also apply to interested parties, such as partners, suppliers, service providers, customers and users.
JG ENGENHARIA does not tolerate any form of corruption.
The organization will conduct its business in strict compliance with applicable anti-bribery and anti-corruption legislation, as well as legislation applicable to relations with government entities (national and foreign), including direct, indirect and foundational public administration.
AJG ENGENHARIA is committed to meeting applicable requirements, as well as the continuous improvement of the Anti-Bribery management system and guarantees that there will be no retaliation for raising concerns, based on good faith or belief in trust.
This policy thus provides guidance and structure to establish, analyze and achieve anti-bribery objectives. In this sense, it now deliberates on the following topics:
This policy therefore provides guidance and framework for establishing, analyzing and achieving anti-bribery objectives.
In this sense, it will now deliberate on the following topics:
All employees and stakeholders acting on behalf of the organization are prohibited from negotiating, offering, promising, accepting, facilitating, paying, promising or offering (directly or indirectly) bribes, undue advantages, payments, gifts, travel, entertainment or even transferring anything of value to any person and favorable treatment or decision of that person in favor of the organization.
-No employee or third party will be retaliated against or penalized due to delay or loss of business resulting from their refusal to negotiate, offer, promise, receive, facilitate, pay, authorize or provide a bribe.
The Anti-Corruption Law defines as acts that are harmful to the Public Administration, whether national or foreign, all those that violate national or foreign public assets, principles of Public Administration or international commitments assumed by Brazil, such as:
a. “promise, offer or give, directly or indirectly, an undue advantage to a public agent, or to a third person related to him”;
b. “evidently finance, pay for, sponsor or in any way subsidize the practice of illegal acts provided for in this Law”;
c. “evidently using an intermediary natural or legal person to hide or disguise their real interests or the identity of the beneficiaries of the acts performed”;
d. regarding tenders and contracts
• “frustrate or defraud, through adjustment, combination or any other expedient, the competitive nature of a public bidding process”;
• “prevent, disrupt or defraud the performance of any public bidding procedure”;
• “to remove or attempt to remove a bidder, through fraud or offering an advantage of any kind”;
• “defrauding a public tender or contract arising therefrom”;
• “fraudulently or irregularly create a legal entity to participate in a public tender or enter into an administrative contract”;
e) “hinder the investigation or inspection activities of public bodies, entities or agents, or intervene in their activities, including within the scope of regulatory agencies and inspection bodies of the national financial system”.
Donations, Gifts, Presents, Entertainment and Travel
Facilitation payments
The Penal Code, in articles 317 and 333, defines the crimes of active corruption and passive corruption. The crime of active corruption consists of the act of “offering or promising an undue advantage to a public official, in order to determine him/her to perform, omit or delay an official act”, while the crime of passive corruption consists of the act of “requesting or receiving, for oneself or for another, directly or indirectly, even outside of one’s position or before assuming it, but because of it, an undue advantage, or accepting the promise of such an advantage”.
The Penal Code also defines the crime of active corruption in international commercial transactions, which occurs in the act of “promising, offering or giving, directly or indirectly, an undue advantage to a foreign public official, or to a third person, to determine him/her to perform, omit or delay an official act related to the international commercial transaction”.
JG ENGENHARIA recognizes that donations, gifts, entertainment and travel may pose risks of bribery and corruption. The organization expects its employees and any other person or entity acting for or on behalf of JG ENGENHARIA to fully comply with established procedures.
Facilitation Payments are small payments made to lower-ranking employees, whether to a government official or to private sector employees, to secure or expedite the execution of routine acts. Routine acts include, but are not limited to: processing government documentation, issuing licenses and permits, clearing goods through customs, obtaining adequate police protection, among others.
Facilitation Payments are a form of corruption. JG ENGENHARIA definitely does not tolerate any type of Facilitation Payment, made in person or through other people, regardless of the circumstances in which it occurs, in any location where JG ENGENHARIA carries out any type of commercial or economic-financial transaction.
If any of the Employees, Representatives or Third Parties make a payment that could be mistakenly interpreted as Facilitation Payments, they must immediately report the occurrence to the Compliance Office sector and ensure that this payment was duly documented.
Likewise, any request that appears to be a request for Facilitation Payments must be reported immediately to the Compliance department.
This Policy will be accessible to all JG ENGENHARIA Employees, as well as Third Parties, on the following website: jgeng.com.br
Furthermore, Employees and Third Parties must sign the JG ENGENHARIA Integrated Management System Awareness and Responsibility Term.
Training sessions will be held with Employees annually at JG ENGENHARIA to promote knowledge, understanding and commitment to the guidelines established here.
It is important to highlight that this Policy does not cover all possible situations, but offers behavioral guidelines for a good part of them with the aim of presenting, in an objective and easy-to-understand way, how anti-corruption conduct can be included in the daily routine of JG ENGENHARIA.
The rules of this Policy are complementary to the Codes of Ethics and Conduct and any other policies established in the JG ENGENHARIA Integrated Management System. In addition, this Policy complements other obligations established in contracts signed with Third Parties, but does not create an employment relationship that is not pre-existing.
In case of doubts about this Policy and what conduct to adopt in a given situation, Employees, Representatives or Third Parties should consult the Compliance department of JG ENGENHARIA.
Individuals who violate this Policy, or any device imposed by the organization, will be subject to applicable legal and/or disciplinary measures, subject to the following penalties:
Verbal warning;
Written warning;
Suspension;
Resignation;
Report it to the competent authorities.
OJG ENGENHARIA is not obliged to follow the order in which the penalties were previously stated. The penalties will be applied according to the severity of the offense committed, according to a direct assessment by the Compliance Officer and the Board of Directors.
FINAL PROVISIONS
AJG ENGENHARIA appointed a Compliance Officer, responsible for verifying, investigating and managing the entire Anti-Bribery Management System;
1 JG ENGENHARIA appointed ANA BEATRIZ CASTILHO as Compliance Officer;
2 The Compliance Officer role has direct access to the Governing Body, which is currently Senior Management, in addition to having appropriate competence, independence and authority in the Compliance system function.
REFERENCES
JG ENGENHARIA conducts its business in compliance with applicable anti-bribery and anti-corruption legislation and conventions/pacts, which include, but are not limited to:
Law No. 12,846, of August 1, 2013 – The Anti-Corruption Law or Clean Company Law.
Decree-Law 2,484 of December 7, 1940 – Penal Code.
Law No. 8,429 of June 2, 1992 - Administrative Misconduct Law
Law No. 14,133, of 2021 – Public Procurement Law
State and Municipal Legislation regulating anti-corruption legislation within their respective jurisdictions
ABNT NBR ISO 37001:2017 – Anti-bribery Management Systems.
ABNT NBR ISO 37301:2021 – Compliance Management System.
DEFINITIONS
Bribery or kickback: The act of offering, promising, donating, accepting and receiving any type of advantage or benefit, whether financial or not, as a way of inducing the practice of any dishonest, illegal act or breach of trust in the performance of one's duties.
Business partners: External party with which JG ENGENHARIA has, or plans to establish, some form of business relationship (clients, suppliers, intermediary agents, service providers, third parties, unions, representatives, beneficiaries of sponsorships and donations).