The Comptroller General of the Republic (CGR) is analyzing legal alternatives to impose sanctions on former public officials who do not submit their sworn declaration of assets upon leaving office. The Director of Sworn Declarations, Armindo Torres, stated that the institution is “looking into this with the Legal Directorate, pushing to see what we can do because we cannot continue like this.”
Under Law 5033/2013, which regulates Article 104 of the National Constitution, public officials must submit the sworn declaration to receive their salary, but updating the data at the end of the employment relationship is at the discretion of the employee. The 2022 amendment, through Law 6919, established fines of 20% to 100% of the salary for those who fail to comply with the requirement, but the CGR does not have coercive power to enforce the penalty, as it is not a revenue-collecting entity.
“The most likely thing is that they do not want to inform the citizenry when leaving office. We do not have the coercive power to force the outgoing employee to submit their sworn declaration; however, for those entering, yes, we can force them, because they will not be able to collect their salary,” Torres explained.
As an example, 27 former legislators from the previous term were fined for not submitting the declaration at the end of their mandate. The total amount exceeds G. 384 million, and some have still not delivered the document, such as Eri Valdez (PLRA), Miguel Cuevas (ANR), and Jorge Antonio Brítez (independent opposition).
Torres warned that, even without the submission, former officials can be investigated through correspondence checks requested by the Public Prosecutor's Office, judicial bodies, or ex officio, based on complaints. “If they think they will not be investigated upon leaving office, they are mistaken,” he warned.