Compliance Highlights 2023

March 7th, 2024

This document is aimed at introducing the Compliance Highlights of 2023.

This document was drafted based on five main topics: Administrative Liability Proceedings; leniency agreements; compliance and integrity programs; changes in the legislation and important judicial decisions; and what to expect in 2024.

In 2023, the role of the Federal Executive Branch was expanded, notably by the Brazilian Office of the Comptroller-General (“CGU”), in initiating Administrative Liability Proceedings (“PAR”) and imposing administrative penalties for violations of Federal Law No. 12,846/2013 (the “Clean Company Act”). The year was also marked by the consolidation of summary judgment of PARs, which was regulated in the municipality and state of São Paulo.

As for leniency agreements, in 2023, there was a reduction in number and value of agreements signed by the CGU and the Federal Prosecution Office (“MPF”). What is more, judicial decisions recognized irregularities in leniency agreements and suspended their payments.

In 2023, important court rulings were rendered from a compliance/anti-corruption standpoint, such as the ruling by the Brazilian Federal Audit Court (“TCU”), which determined that a company that has had a change in its corporate control cannot be declared unfit to bid or sign a public procurement. In addition, the Brazilian Federal Supreme Court (“STF”) validated the use of plea bargains in administrative improbity lawsuits.

Finally, for 2024, progress is expected regarding cooperation between authorities towards fighting corruption and boosting compliance and ESG initiatives. An increase in the use of artificial intelligence tools within the context of corporate investigations is also expected.

Find out more in this material developed by our Compliance and Investigations associates.