The CGU – a law enforcement entity – has given greater clarity on how each criteria provided by the law will be taken into consideration in the calculation of fines imposed on companies involved in punishable acts of corruption.
Providing more detail on how the different criteria should be taken into consideration in the calculation of fines to be imposed on erring companies provides technical uniformity in the calculation process and hence greater legal security on the part of the companies subjected to fines.
Furthermore, by being aware of how each criteria is weighed in the calculation of fines, companies are able to define its priorities when implementing or improving its compliance measures.
Companies should closely review the manual for calculation of fines in Sanctioning Administrative Proceedings to have a better understanding of how its compliance measures will be taken into consideration by the CGU. Companies should also implement or improve existing measures based on the requirements provided by the Anti-Corruption Law, Decree No. 8,420/2015 and the directives presented in the aforementioned manual.
Author
Heloísa Barroso Uelze
Heloisa Barroso Uelze joined the Firm in 2000 and became a partner in 2005. She has over 25 years of practice and is currently the head of the Brazilian Public Law, Government Relations and Regulatory Group at Trench Rossi Watanabe. Heloisa is recognized as a leading practitioner in such areas of law by various international publications such as Chambers, LACCA, Análise Advocacia, and PLC.
Before joining Trench Rossi Watanabe, Mrs. Uelze worked for thirteen years in a law firm specialized in Public Law created by four of the most regarded scholars in Administrative, Public, Tax and Constitutional Law In Brazil, all of them respected Professors that held PHDs: Celso Antonio Bandeira de Mello, Geraldo Ataliba, Adilson Abreu Dallari and Michel Temer.
In April 2000 Heloisa was nominated – due to her recognized ethical reputation and specialized legal knowledge, head of the legal department of Federal Government Autarchy, where she stayed for 12 years. Such position was not inconsistent with the private practice of law.
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