Personnel Risk:
Low
Score:
70/100
Leadership Behaviour
Q34
50/100
Do the Defence Ministry, Defence Minister, Chiefs of Defence, and Single Service Chiefs publicly commit, through, for example, speeches, media interviews, or political mandates, to anti-corruption and integrity measures?
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Internal communications regarding anti-corruption measures are superficial and infrequent; however, the military bureaucracy is well trained to respond to the Court of Auditors’ (TCU)…
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Historically, defence ministers do not engage the agenda of anti-corruption in their official discourses. The assessor searched for the word corruption in the official…
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Question 24B presents a series of examples of commitments to anti-corruption made by unit commanders and leaders. As for the military officials and civilians…
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Q35
88/100
Are there effective measures in place for personnel found to have taken part in forms of bribery and corruption, and is there evidence that these measures are being carried out?
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Law 8.1121/1990 states that public servants can respond criminally and administratively to corruption, with sanctions such as exoneration (Article 132). Chapters 2, 3, 4,…
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The Transparency Portal offers data on public servants’ expulsions [1]. According to this database, from 2016 to 2019, the Ministry of Defence exonerated three…
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Q36
17/100
Is whistleblowing encouraged by the government, and are whistle-blowers in military and defence ministries afforded adequate protection from reprisal for reporting evidence of corruption, in both law and practice?
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In 2018, in order to comply with several international treaties [1], the government enacted Law 13.608/18 [2], which institutionalizes whistleblowing protection in the Brazilian…
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Whistleblowing is not only not encouraged; it is discouraged by the current government. In 2019, Brazil’s president stated that he could stop giving security…
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There is almost no information available regarding corruption cases concerning military whistleblowers. Generally, the media has only reported that the Military Public Ministry (MPM)…
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Q37
67/100
Is special attention paid to the selection, time in post, and oversight of personnel in sensitive positions, including officials and personnel in defence procurement, contracting, financial management, and commercial management?
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According to the interviewees, the Brazilian Armed Forces have mapped the sensitiveness of each position, and through a very strict evaluation system, they eliminate…
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The selection process is not clear to outsiders. However, according to a military interviewee, officials are evaluated by their superiors every six months on…
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Within the Brazilian Armed Forces, promotion and allocation criteria are internal there is no external institution that participates in the process of general oversight…
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Payroll, Promotions, Appointments, Rewards
Q38
100/100
Is the number of civilian and military personnel accurately known and publicly available?
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There are no changes between the 2015 and the 2020 GDI assessment. The number of civilian and military personnel is updated monthly by the…
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The Transparency Portal shows the ranks of civilian and military personnel, their salary, and previous links to the federal government [1].
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The assessor could not find cases of ghost soldiers in the media [1]. According to a military official, it would be really difficult to…
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Q39
100/100
Are pay rates and allowances for civilian and military personnel openly published?
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Pay rates of military personnel are available online since they follow Federal Law 13.321/2016 [1]; these pay rates are also available on some of…
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The information on allowances is more difficult to find, since it is not disclosed on the Transparency Portal [1] and it is not available…
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Q40
92/100
Do personnel receive the correct pay on time, and is the system of payment well-established, routine, and published?
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There is no evidence of late payment by the federal government in the last five years in the media [1]. This assertion does not…
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There is no evidence of incorrect payment within the armed forces [1].
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The basic pay rates of each rank and employee are published online; however, allowances are not made public – they only make the types…
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Q41
42/100
Is there an established, independent, transparent, and objective appointment system for the selection of military personnel at middle and top management level?
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The criteria for appointments are based on objective job descriptions and standard assessment criteria. It is not possible to have a non-qualified officer appointed…
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Parliament has no involvement in the appointments of high profile positions, although they can scrutinize the actions undertaken by these military officials. The appointments…
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The Army has a website with information about the process of appointment and promotion, focused on the military themselves, and not the general public…
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Q42
94/100
Are personnel promoted through an objective, meritocratic process? Such a process would include promotion boards outside of the command chain, strong formal appraisal processes, and independent oversight.
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Law 5.821 of 1972 [1] is the general law for military promotions, and each of the single forces has its own system. This law…
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All the possible ways of promotion are listed in Law 5.821/1972, and Section VI of the Army’s Promotion Rules [1, 2].
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All promotions are publicly declared, but they are limited to the name, rank and effective date [1]. However, new posts are published separately from…
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Only after the official and public publication of these promotions do they start to be valid. They are posted in an internal bulletin, at…
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Conscription and Recruitment
Q43
67/100
Where compulsory conscription occurs, is there a policy of not accepting bribes for avoiding conscription? Are there appropriate procedures in place to deal with such bribery, and are they applied?
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The assessor found no evidence of policies or rules regarding the avoidance of compulsory conscription. The same rules about bribery stated in the Military…
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The Military Criminal Code [1] establishes, for corruption cases, penalties of a maximum of eight years of imprisonment. There are no fines stipulated. Once…
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It is not clear if these sanctions are applied at all, since ‘active’ transparency on the Military Court’s website does not offer this data…
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Q44
75/100
is there a policy of refusing bribes to gain preferred postings? Are there appropriate procedures in place to deal with such bribery, and are they applied?
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Despite not having specific policy or rules about bribes for preferred postings [1], it is unlikely that they would occur due to the implication…
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The Military Criminal Code [1] is explicit about sanctions on cases of bribery. Once prosecuted and incarcerated, the military will also respond to other…
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It is not clear if these sanctions are applied in the realm of Military Justice since ‘active’ transparency on the Military Court’s website does…
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Salary Chain
The 2020 Assessment is not different from the 2015 Assessment on this matter. The Integrated System of Financial Management (SIAFI) [1] and the (Integrated…
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Values and Standards
Q46
63/100
Is there a Code of Conduct for all military personnel that includes, but is not limited to, guidance with respect to bribery, gifts and hospitality, conflicts of interest, and post-separation activities? Is there evidence that breaches of the Code of Conduct are effectively addressed?
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There is no Code of Conduct for the defence sector specifically, there is only the Federal Government Code of Conduct and each single force’s…
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The Federal Government Code of Conduct is available online [1], and annual training is mandatory in all military units with administrative autonomy [2].
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Cases reported are investigated by the Ministério Publico Militar (MPM – Military Public Prosecutor) and, even when the investigation is confidential, cases are pursued…
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According to an interviewee from the Army, all military units which have administrative autonomy have to conduct an annual Administration Seminary, the content from…
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Q47
67/100
Is there a Code of Conduct for all civilian personnel that includes, but is not limited to, guidance with respect to bribery, gifts and hospitality, conflicts of interest, and post-separation activities? Is there evidence that breaches of the Code of Conduct are effectively addressed?
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There is the Federal Government Code of Conduct. According to the Integrity Plan of the Ministry of Defence (MoD) [1], the Ministry’s Ethics Committee…
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The Federal Government Code of Conduct is available to the public and it is effectively distributted publically and to public officials. [1].
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There is not enough information to score this indicator, as no evidence of investigations was found [1].
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According to a Brazilian Army interviewee, all military units which have administrative autonomy have to conduct an annual Administration Seminary, the content of which…
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Q48
67/100
Does regular anti-corruption training take place for military and civilian personnel?
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The Transparency Report of the Ministry of Defence mentions general anti-corruption courses instructed by the National School of Public Administration (ENAP – Escola Nacional…
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There is no evidence of specific anti-corruption training for defence personnel [1, 2]; however, the annual Code of Conduct training covers some aspects of…
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According to the news collected in the single forces’ websites, most of the specific anti-corruption training is given to officials who work with internal…
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Q49
33/100
Is there a policy to make public outcomes of the prosecution of defence services personnel for corrupt activities, and is there evidence of effective prosecutions in recent years?
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There is no clear policy to make prosecutions for corrupt behaviour public, and only general procedures for transparency [1].
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The transparency mechanisms available are in the list of servants provided by the Transparency Portal, but this list does not offer details of why…
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There are exonerated public servants [1]. However, the assessor found no evidence of if proper investigations or prosecutions occur or not [2]. However, according…
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Q50
NEI/100
Are there effective measures in place to discourage facilitation payments (which are illegal in almost all countries)?
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Facilitation payments are a crime, whether for civilian or military servants, and administrative and criminal measures can be taken, according to Law 8.112/1990, Article…
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There is not enough substantiated evidence to score this indicator, as such it is marked ‘Not Enough Information’. There are exonerated public servants [1].…
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There is not enough substantiated evidence to score this indicator, as such it is marked ‘Not Enough Information’. The assessor found no consistent evidence…
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