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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

Heloisa Uelze is a partner at Trench Rossi Watanabe (in cooperation with Baker McKenzie) in São Paulo, Brazil.

Author

Alessandro da Cruz is a senior associate at the Compliance & Investigations practice group of Trench Rossi Watanabe (in cooperation with Baker McKenzie) in São Paulo, Brazil. In the anticorruption compliance field, his practice includes assistance in matters involving the Brazilian anticorruption framework, FCPA and other anticorruption legislation, internal investigations (including multijurisdictional cases), development, revision and implementation of compliance programs, training of employees, risk assessments and due diligence in the context of M&A transactions.

Author

Marcelo Leite is an associate at Trench Rossi Watanabe (in cooperation with Baker McKenzie) in São Paulo, Brazil.

Author

Fernanda Casagrande is a senior associate at Trench Rossi Watanabe (in cooperation with Baker McKenzie) in São Paulo, Brazil.