Primary anti-corruption legislation
Brazilian Criminal Code (Decree Law n. 2.848), applicable for individuals
Brazilian Anti-Bribery Law (Law 12.846/2013), applicable for legal entities
In the case of corruption crimes committed by individuals, the enforcement authorities are the state and federal polices and the state and federal public prosecutors offices.
In the case of corruption acts committed by legal entities, the highest authorities of each entity of the executive, legislative and judiciary powers and the Office of the Federal Comptroller General are the enforcement authorities who can apply administrative sanctions; the federal government, the states, the federal district, the municipalities and the public prosecutor office are the authorities who can apply civil sanctions.
- Under the Brazilian Criminal Code, the crime of active bribery is set forth in the following Articles:
- Article 333 establishes that it is a crime to offer or promise undue advantage to a public official, in order to influence him or her to perform, hide or delay an official act within the scope of his or her duties.
- Article 337-B establishes that it is a crime for an individual to offer or promise undue advantage to a foreign public official, or to a third party, in order to influence him to perform, hide or delay an official act related to an international commercial transaction.
- Brazilian Anti-Bribery Law
- Article 5, section I, establishes that is prohibited to promise, offer or give, directly or indirectly, an undue advantage to a national or foreign public official, or a third person related to them.
- The law also prohibits other acts against the public administration, such as to defraud public tender or contract arising from such public tender, or to thwart or defraud the competitive character of a public tender procedure.
- Penalties for individuals under the Brazilian Criminal Code
- Individuals who violate Article 333 (Active Bribery) can be subject to penalties of a fine and up to 12 years of imprisonment.
- Individuals who violate Article 337-B (Active Bribery in International Commercial Transaction) can be subject to penalties of a fine and up to eight years of imprisonment.
- Penalties for legal entities under the Brazilian Anti-Bribery Law
- Administrative Sanctions: (i) Fine of 0.1 percent to 20 percent of the gross revenue in the last year prior to the start of the administrative proceedings; if such criteria cannot be used, the fine will range from BRL6,000 to BRL60 million; and (ii) publication of the condemnatory decision
- Judicial Sanctions: (i) Prohibition from receiving incentives, subsidies, grants, donations or loans from public agencies or entities and from public financial institutions or institutions controlled by the government, for up to five years; (ii) loss of assets, rights or valuables representing the advantage or profit, directly or indirectly, obtained from the wrongdoing; (iii) partial suspension or interdiction of the legal entity’s activities; and (iv) compulsory dissolution of the legal entity