Clippings 16/11/2020

New Rules for Civil Settlements under Anti-corruption and Improbity Laws

The 5th Coordination and Review Chamber of the Federal Prosecutors’ Office (“MPF”), focused on the Fight Against Corruption, issued Guidance N. 10 with directions for settlements related to wrongdoings under Federal Law N. 8,429/1993 (Improbity Law) and Federal Law N. 12,846/2013 (Clean Companies Act). According to the document, the MPF may enter into (i) Terms of Conduct Adjustment (TAC), (ii) Civil Non-Persecution Agreements, and (iii) Leniency Agreements, depending on the circumstances of the case and the level of cooperation of the companies.

The Guidance represents another step to consolidate the practice of settlements by the MPF, and the quest for clear rules for cooperation by companies with the authorities for preventing and addressing potentially identified wrongdoings. The new document is in line with global tendencies of bigger incentives to cooperation and a greater dialogue between the regulators and the implementation of Compliance Programs.

For access to the full text of Guidance N. 10, click here.

Our team is experienced in assisting clients with the cooperation with authorities and negotiation of settlements. For more information, please contact our Compliance & Corporate Governance team.

Written by:
Bernardo Viana