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Entra hoje em vigor a Lei Anticorrupção

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1/29/2014 10:00 PM Demarest News

Sanctioned in August 2013, Law nº. 12.846/2013 (also known as the "Brazilian Anticorruption Act") comes into force today, January 29, 2014.
 
The new law comes into force without being regulated by the Federal Government (the enactment of its Federal Decree is still awaited). The Federal Decree should regulate details concerning the applicability of the new legal norms.
 
Nevertheless, it is worth noting that, among the wrongful acts against the Public Administration, the following ones are included: (i) active corruption (bribe offering); (ii) wrongful acts finance; (iii) unlawful financing of political campaigns; (iv) impediments to and frauds against public bidding processes; (v) obtainment of undue advantages and benefits arising from contracts with the Public Administration; and (vi) manipulation of the economic and financial balance of contracts with the Public Administration.
 
The new law sets forth the administrative and civil liability of legal entities that perform a wrongful act against the domestic government or a foreign government, whether local, state or federal, as well as managers and executives of such legal entities or any individual that in any way has participated in the wrongful act.
 
In the administrative sphere, the law prescribes severe penalties, such as (i) the charge of a fine in the amount equivalent to a maximum of 20% of the gross sales for the previous fiscal year or up to R$ 60 million, if the gross sales cannot be determined, and (ii) full publicity of the judgment.
 
The law also sets forth that controlled and controlling companies, associated companies, companies that are members of a consortium or succeeded another company are jointly liable for any wrongful acts previously performed. That justifies the relevance of an effective due diligence prior to an MA process.
 
Setting up preventive compliance policies, employees training and the adoption of efficient prevention and control procedures become measures of paramount importance, aiming at aligning the corporate practices with the fulfillment of legal and regulatory norms.
 
Although yet to be regulated by the Federal Decree, the compliance policies become even more relevant as the new law contemplated them as possible elements to diminish punishments, in case of conviction of the legal entities.
 
Likewise, companies must understand the possibility of negotiating a leniency agreement, with the purpose of ceasing wrongful acts and diminishing penalties for collaborating with the public authorities.
 
For more information about the new Anticorruption Law, please contact our Compliance Group
 
Demarest Advogados
Compliance
 
Bruno de Luca Drago
bdrago@demarest.com.br
+55 11 3356-1776
Fabio de Almeida Braga
fbraga@demarest.com.br
+55 11 3356-1668
Fabíola Emilin Rodrigues
frodrigues@demarest.com.br
+55 11 3356-1738

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