The first years of enforcement of the Clean Company Act in Brazil show the need for adjustments. The multitude of authorities with power to enforce the Act should be reduced, as this has been hampering the fight against corruption. Companies, in turn, need to revisit their compliance programs to ensure safe relations with authorities and eligibility to compliance credits.

On this issue | April 2019

Compliance Credit is available in Brazil, but there are specific requirements to be met

Getting ready to pursue compliance credits

Compliance programs can generate compliance credit for companies in case of antitrust or anti-corruption probes in Brazil. Authorities have issued new guidelines and are expected to increase the grant of compliance credits in future cases. Multinational...

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One Step Ahead: Companies should prepare for likely changes in the Brazilian public-private relationship rules

Public-private relationship is changing

A turbulent scenario over the past few years is pushing the agenda to better regulate public-private relations in Brazil. Private participation and consultation are vital for good regulation, but doubtful relations between government agents...

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An opportunity to improve the enforcement of the Clean Company Act

Improvements needed in the Clean Company Act

The Act is an important institutional development, but the Congress and the administration need to determine which authorities should have the power to apply it. Currently any government body affected by the wrongdoing can impose sanctions....

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Internal Investigations and the New Brazilian General Data Protection Law

Internal probe and data protection

The newly approved General Data Protection Law (LGPD) in Brazil does not interfere with internal investigations that are conducted by companies as part of their compliance programs, despite what has been argued in recent articles. A thorough...

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Overlapping jurisdictions in anti-corruption leniency agreements

Too many players to agree on leniency pacts

Four authorities may investigate and punish companies for corruption only at the federal level – without having to coordinate their actions. This dysfunctional system has proven troubling when companies seek to settle past wrongdoing. If these...

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