The Impact Of Anti-Corruption Law In Companies' Judicial Recovery In Brazil

Luiz Roberto Ayoub, Vanderson Maçullo Braga Filho

Abstract

[extract] Law No. 12.846/2013, also known as the Anti–Corruption Law, in force as of January 29th, 2014, arises with the purpose of suppressing an existing gap in the Brazilian legal system regarding the accountability of legal entities for the practice of illicit acts against the Public Administration, especially for corruption acts and fraud in bids and administrative contracts.
Such law gained recognition in the recent Car Wash investigations, an anti–corruption operation conducted by the Attorney General's Office in Paraná and by the Federal Police, and changes the scenario for companies involved with such transgressive activities. Certainly, the Criminal Code (Decree–law No. 2.848/1940) and the Bidding Law (Law No. 8.666/1993) already provides for illicit practices against the Public Administration, but only individuals could be punished for such crimes. With the new legislation, companies will be able to be liable, in the administrative and civil scope, even though there is no involvement by their members and/or managers.

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