The company Leiaute Comunicação e Propaganda, which has among its partners the publicist Sidônio Palmeira, (Secretariat of Social Communication) of the government (), reached an agreement with the government of Bahia to end an action that investigated fraud in contracts.
The information was revealed this Thursday (9) by UOL and confirmed by Sheet. When contacted, Layout stated that, throughout the process, it proved that the allegations contained in the civil investigation had no evidentiary basis, demonstrating the correctness of its conduct in executing the contract.
The public civil action was filed in 2022 by the Public Prosecutor’s Office to investigate a business act harmful to public administration, based on an audit carried out by the State Court of Auditors.
The investigation found alleged irregularities in the contract for advertising services signed with the Government of Bahia during the administration of the then governor and now Minister of the Civil House, (PT).
In addition to Leiute, two other companies were investigated: Objetiva Comunicação and CCA Comunicação e Propaganda.
In the Prosecutor’s Office’s assessment, the advertising agencies had defrauded the subcontracting of companies to provide services related to the contract signed with the state government.
The subcontracting of other firms to provide services was provided for in the contract, but the selection process had to be made based on the analysis of at least three budgets.
The Prosecutor’s Office highlighted that a fictitious competitive scenario was created, with the use of false documents and fraudulent quotes.
False documents from two companies were allegedly used in at least 16 payment processes, involving 57 price quotes, in contracts totaling R$336,200.
Letterheaded, stamped and signed payment forms from these companies were used, but those responsible for them stated during the investigation that they were never contacted for price quotes.
The Court of Auditors’ technicians analyzed a universe of 256 payment processes and identified in 107 of them a systematic repetition of budgets with the same competitors and the same winner of the disputes.
In August 2023, the companies and the Prosecutor’s Office signed a civil non-prosecution agreement that ended the accusation. The Public Prosecutor’s Office stated that there was no loss to the treasury or illicit enrichment and that the investigation focused on the violation of principles.
The companies did not recognize illegal practices highlighted by the investigation, but decided to resolve the case by consensual means. The agreement signed between the parties defined a fine of R$491,000 for the three companies, R$306,700 of which from Leiute.
The companies also committed to presenting an Ethics and Conduct Program, with improvements to internal procedures, mapping of compliance risks, the development of a code of conduct and control and inspection mechanisms.
When contacted, Layout Comunicação highlighted that the Public Ministry recognized that there was no loss to the treasury. He also stated that Layout’s allegations were also accepted by the State Court of Auditors, which did not apply any penalty to the company.
The Layout reported that all obligations contained in the agreement were fulfilled and that the signing of the agreement and payment of the fine do not constitute an admission of guilt or the veracity of the allegations contained in the action filed by MP-BA.
“This type of agreement is a modern and effective legal instrument, provided for in legislation to resolve controversies in a consensual manner, avoiding lengthy legal disputes, with significant costs to the company, regardless of the existence or not of illicit acts”, he informed.
According to the company, the decision for the agreement was eminently business-related, with the aim of “putting an end to the process and avoiding unnecessary damage to its image, reiterating its commitment to legality, transparency and good governance”.
When contacted by the report, Objectiva Comunicação said in a statement that it refuted all of the Public Prosecutor’s Office’s allegations, not recognizing any illicit practice. He also highlighted that hiring outsourced companies is a common practice in the market and provided for in the contract.
“The agency does not receive commission or fees related to production services, when broadcast, as in the cases investigated by the MP-BA, therefore there would be no advantage in increasing the amounts paid to service suppliers”, he said.
The company also highlighted that it decided to sign the agreement to end the process and preserve the image of the company, which has been operating in the advertising market for 36 years, “guided by ethics, transparency and its unblemished conduct”.
President of CCA Comunicação, Alfredo de Souza Tavares Filho, said that the episode happened seven years ago and, since then, the company’s conduct has been adjusted with the participation of the Court of Auditors and there have been no more problems reported.
“There was no intent or malicious intent. We were offered an agreement and we made it. There was no administrative punishment,” he said.
Sidônio Palmeira should take office next week and assume the role of new minister of Secom, replacing the licensed federal deputy (PT).
Elee had already been helping Planalto more closely since the end of last year. The advertiser has already worked, for example, in communicating the cost cutting package.
He began his career in political marketing in Bahia, his home state. In 2006, he coordinated Jaques Wagner’s successful campaign for the Government of Bahia. Since then, he has worked in PT campaigns in the state, such as Rui Costa’s election to government.
