Informative note on the procedural deadlines
Considering the loss of effectiveness of the Provisional Measure 928, of 23 March 2020, on 21 July 2020;
Considering, in addition, the procedures and deadlines that rule the issuance and processing of Provisional Measures in Brazil (especially Art. 62 of the Brazilian Federal Constitution of 1998 and the National Congress Ruling 1 of 2002);
The Administrative Council for Economic Defense (CADE) clarifies that, with the end of term of the mentioned Provisional Measure, returns to be effective the counting of deadlines in disfavor of those represented in:
a) Administrative Proceedings for Imposing Penalties for Economic Crimes;
b) Administrative Procedures for Investigating Mergers & Acquisitions (APAC, in its acronym in Portuguese); and
c) Administrative Proceedings for Imposing Incidental Procedural Penalties.
Lastly, it is noteworthy that deadlines related to requests for clarification, reassessment, and even to presenting a defense or new allegations in Administrative Proceedings that were not in course due to the said Provisional Measure were reestablished under the terms of Law 12529/2011 and Cade’s Statute, and no amendments were made related to the expiration period applicable to the other proceedings and/or procedures running at the agency.
Alexandre Barreto de Souza Alexandre Cordeiro Macedo
President General Superintendent