Responsabilidade do auditor independente: um estudo acerca dos principais motivos que ocasionaram em processos administrativos sancionadores pela CVM no período de 2017 a 2019

Abstract

The present study aimed to identify the main reasons why the independent auditors suffered sanctions in the period from 2017 to 2019. In this way, a predominantly qualitative, descriptive and documentary methodology was used. The research database consisted of 28 Administrative Sanctioning Proceedings - PAS judged by the Securities and Exchange Commission - CVM collected through the CVM Institutional Portal. The violations committed by the auditors, the non-complied with legal provisions and the sanctions applied by the CVM to the independent auditors were examined. It was concluded that the main reasons for opening proceedings against auditors were “non-submission of the independent auditor to the External Quality Review Program”, followed by “Non-compliance with Accounting Standards” in second place, and “Non-compliance with Professional Standards Audit ”that came in third place. The “non-submission of the independent auditor to the External Quality Review Program” was the most frequent reason and the one that also had the greatest recurrence among the auditors. In relation to the penalties applied, the fine was the most frequent, followed by the temporary suspension and the application of these sanctions together, with the fine and temporary suspension being the last one, present only in cases of recurrence of auditors. In this sense, it is of fundamental importance that the independent auditors are attentive to the consequences of noncompliance with the rules that govern the activity, such violations may incur professional and property losses.