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Anti-Bribery Legislation in Brazil: Latest Developments

This article provides an overview of the anti-bribery laws in Brazil, including the main features of the Brazilian Anti-Corruption Law and international agreements. It also discusses the critical analysis of the current legislation.

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Anti-Bribery Legislation in Brazil: Latest Developments

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  1. ANTI-BRIBERY LEGISLATION IN BRAZIL: LATEST DEVELOPMENTS • By • Daniel Varga • 21 January 2014

  2. 1 - OVERVIEW OF ANTI- BRIBERY LAWS IN BRAZIL

  3. 1– Summary of Brazilian Laws: • 1.1 Criminal Code • Bribery of National Public Officials (Articles 316, 317 and 333) • Bribery of Foreign Public Officials (Articles 337-B and 337-C) • Misappropriation or other diversion of public property (Article 312) • Trading in Influence ( Article 332)

  4. 1– Summary of Brazilian Laws: • 1.2Law No. 8,429/92 (Civil Servants Misconduct Law) • Civil and administrative Sanctions • Sanctions against illicit enrichment • Seizure of proceeds of offence • Loss of political rights • Fines • Loss of function

  5. 1– Summary of Brazilian Laws: • 1.3Law No. 12,846/13 (“Anti-Corruption Law) • Enacted during the social unrest and public manifestations of 2013 • Will enter into force on the 29th of January, 2014 • Amends Brazilian legal system in light of international standards

  6. 2 – International Agreements

  7. 2– International Agreements 2.1 United Nations Convention Against Corruption 2.2 OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions

  8. 3 – Brazilian “Anti-Corruption Law”

  9. 3– Brazilian Anti-Corruption Law • 3.1 Main Features • Strict civil and administrative liability of legal entities • Broad Definition of illegal acts • Strong economic and reputational sanctions • Incentives for companies’ cooperation • Joint liability of the parent company • Database of perpetrators • Pierce of the corporate veil

  10. 3– Brazilian Anti-Corruption Law • 3.2 Critical Analysis • Too many legislations • Lack of a technical body for investigation and prosecution • Abuses from public authorities • Successor’s liability

  11. Thank You

  12. Daniel Varga dvarga@nabaslegal.com T: +44 (0)207 252 0106

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