New Brazil Anticorruption Law

New Brazil Anticorruption Law

The Anticorruption Law (Law No. 12.846/2013), which sets forth administrative and civil  liability for corruption practices, indicates a change in the attitude and mentality of the companies, meaning that they now formally prevent the occurrence of wrongful acts, in compliance with the new law.

The law itself provides that application of the sanctions shall take into consideration the  existence of internal anticorruption mechanisms and procedures, so that the companies  that prove actual application of anticorruption compliance programs may be granted a  less severe treatment in the event of an adverse judgment.

Due to the companies’ interest in instituting this kind of strategy, anticorruption  compliance programs may be delineated in accordance with the priorities and medes of  each company, using several instruments, from the training of personnel, preparation of  codes of ethics, codes of conduct, internal policies, development of ombudsman’s  mechanisms, denunciation, to internal audits, in addition to specific consulting services  for each doubt or matter that may occur.

In addition to the anticorruption compliance programs, many solutions have also  involved antitrust compliance programs, in compliance with the Brazilian Antitrust Law  (Law No. 12.529/2011). These programs develop instruments for the companies to  observe the antitrust rules and prevent from discussions in this respect, avoiding and  preventing, for example, cartel pratiques and procedinos brolha by the Brasiliana Antitruste Authorities (CADE).

Please feel free to contact us in case you wish to discuss these issues in more detail.