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| Anti-Corruption Law (Brazil) | |
|---|---|
| Name | Anti-Corruption Law (Brazil) |
| Native name | Lei da Empresa Limpa |
| Enacted | 2013 |
| Citation | Law No. 12.846/2013 |
| Territorial extent | Brazil |
| Enacted by | National Congress of Brazil |
| Status | in force |
Anti-Corruption Law (Brazil) is Brazil's federal statute establishing administrative and civil liability for legal entities implicated in corrupt acts, adopted by the National Congress of Brazil and signed by President Dilma Rousseff in 2013. The law complements investigations led by institutions like the Federal Police of Brazil, the Federal Public Prosecutor's Office and enforcement initiatives such as Operation Car Wash and interacts with international instruments including the Foreign Corrupt Practices Act and the OECD Anti-Bribery Convention. It reshaped corporate risk management across sectors including Petrobras, Vale, and multinational firms operating in São Paulo and Rio de Janeiro.
The statute emerged amid high-profile probes such as Operation Car Wash, the politicized scandals surrounding Petrobras, and public demonstrations in 2013 Brazilian protests, prompting action by the National Congress of Brazil, the Supreme Federal Court, and the Federal Court of Accounts. Drafts debated by the Chamber of Deputies and the Federal Senate reflected influence from comparative models like the Foreign Corrupt Practices Act, the UK Bribery Act 2010, and anti-corruption frameworks in Argentina and Mexico. Key proponents included members of parties such as the Brazilian Democratic Movement (MDB) and the Workers' Party, while opponents invoked constitutional reviews and input from the Brazilian Bar Association and business groups like the Federation of Industries of the State of São Paulo.
The law establishes administrative and civil liability for legal entities for acts linked to bribery of domestic or foreign agents, procurement fraud, and cartel conduct affecting entities such as Banco do Brasil and state-owned enterprises like Eletrobras. It defines prohibited practices including passive and active bribery involving public agents from municipal bodies in Porto Alegre to federal ministries like the Ministry of Planning (Brazil), illicit enrichment tied to public contracts with companies including Camargo Corrêa and Odebrecht, and offers mechanisms for asset recovery through courts such as the Superior Court of Justice. Corporate liability applies regardless of individual criminal conviction, aligning with standards promoted by the Organization of American States and bilateral agreements with countries like United States and Germany.
Enforcement rests on administrative proceedings conducted by agencies including the Advocacy-General of the Union and sanctioning by the Federal Public Prosecutor's Office with potential fines up to twice the damage value or 20% of gross revenue, asset disgorgement, and exclusion from public procurement lists maintained by the Brazilian Development Bank (BNDES). Sanctions can trigger debarment from contracts with municipalities such as Belo Horizonte or state administrations like Governo do Estado do Rio de Janeiro and may be enforced via interlocutory measures in federal courts including the Federal Regional Court of the 4th Region. Administrative settlements, civil suits, and coordination with the Federal Police of Brazil and international partners facilitate cross-border enforcement involving firms headquartered in jurisdictions such as Switzerland and Panama.
The statute incentivizes compliance programs within corporations like JBS S.A. and Gerdau, encouraging internal controls, whistleblower channels, and cooperation agreements modeled on leniency frameworks used by the U.S. Department of Justice, Serious Fraud Office (United Kingdom), and the Brazilian Ministry of Justice and Public Security. Settlement mechanisms—termed "leniency agreements" or "terms of leniency"—allow negotiated penalties with the Federal Public Prosecutor's Office and the Advocacy-General of the Union in exchange for restitution and corporate cooperation, paralleling practices at the European Commission for antitrust leniency and the International Chamber of Commerce standards for compliance.
High-profile settlements and prosecutions involving conglomerates such as Odebrecht, Camargo Corrêa, OAS, and JBS S.A. illustrate the law's effect, with coordinated actions by the Federal Police of Brazil, the Federal Public Prosecutor's Office, and civil courts producing multibillion-real penalties, compliance program overhauls, and cross-border investigations with authorities from United States Department of Justice, Swiss Financial Market Supervisory Authority, and prosecutors in Spain. The law influenced corporate governance reforms at state entities like Petrobras and private firms listed on the BM&FBovespa and prompted changes in procurement practices in cities such as Recife and sectors including construction and energy overseen by regulators like the National Electric Energy Agency (ANEEL).
Critics including members of the Brazilian Bar Association, academics from the University of São Paulo, and business federations such as the National Confederation of Industry have argued the law's administrative reach creates legal uncertainty, overlaps with criminal prosecutions before the Superior Court of Justice and burdens for small firms represented by organizations like the Confederação Nacional da Indústria. Calls for reform cite coordination issues among the Federal Police of Brazil, the Federal Public Prosecutor's Office, and administrative bodies plus the need for clearer standards comparable to the UK Bribery Act 2010 reforms and enhanced mutual legal assistance with countries such as United States and Argentina. Legislative proposals in the National Congress of Brazil and judicial review by the Supreme Federal Court continue to shape amendments, while multilateral discussions at the United Nations and the Organization for Economic Co-operation and Development influence compliance best practices and technical assistance programs.
Category:Brazilian legislation