Anti-corruption regulation—Brazil—Q&A guide [Archived, 2020 edition]
Anti-corruption regulation—Brazil—Q&A guide [Archived, 2020 edition]

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Anti-corruption regulation—Brazil—Q&A guide [Archived, 2020 edition]
  • 1. To which international anti-corruption conventions is your country a signatory?
  • 2. Identify and describe your national laws and regulations prohibiting bribery of foreign public officials (foreign bribery laws) and domestic public officials (domestic bribery laws).
  • 3. Can a successor entity be held liable for violations of foreign and domestic bribery laws by the target entity that occurred prior to the merger or acquisition?
  • 4. Is there civil and criminal enforcement of your country’s foreign and domestic bribery laws?
  • 5. Can enforcement matters involving foreign or domestic bribery be resolved through plea agreements, settlement agreements, prosecutorial discretion or similar means without a trial? Is there a mechanism for companies to disclose violations of domestic and foreign bribery laws in exchange for lesser penalties?
  • 6. Describe the elements of the law prohibiting bribery of a foreign public official.
  • 7. How does your law define a foreign public official, and does that definition include employees of state-owned or state-controlled companies?
  • 8. To what extent do your anti-bribery laws restrict providing foreign officials with gifts, travel expenses, meals or entertainment?
  • 9. Do the laws and regulations permit facilitating or ‘grease’ payments to foreign officials?
  • More...

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note contains a jurisdiction-specific Q&A guide to anti-corruption regulation in Brazil published as part of the Lexology Getting the Deal Through series by Law Business Research (published: November 2020).

Authors: Sobrosa & Accioly—João Accioly ; Liana Sobrosa; Pedro Demori; Renato Sobrosa Cordeiro

1. To which international anti-corruption conventions is your country a signatory?

Brazil has signed and ratified the Organisation for Economic Co-operation and Development (OECD) Anti-Bribery Convention, the United Nations Convention against Corruption and the Organization of American States (OAS) Convention, the former two with no reservations and the latter with one reservation, of article XIc, where the signatory undertakes to criminalise acts or omissions by which one seeks to illicitly obtain a beneficial decision from a public authority, regardless of harm to state property.

2. Identify and describe your national laws and regulations prohibiting bribery of foreign public officials (foreign bribery laws) and domestic public officials (domestic bribery laws).

The Brazilian statute that criminalises bribery of both foreign and domestic public officials is the Criminal Code, amended in 2002 to include foreign public officials, in compliance with the OECD Convention. There are no implementing regulations for this statute.

The provisions define as active corruption any act of offering or giving undue advantages to a foreign public official to influence acts related to an international

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