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.