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Legal Update

Brazil: CGU modifies procedure for submission and evaluation of Compliance Programs in administrative proceedings to determine liability

22 August 2018
Tauil & Chequer Legal Update
In July, 2018, the Ministry of Transparency and Comptroller General of the Federal Union ("CGU") issued Ordinance No. 1,970 to amend provisions of Ordinance CGU No. 910, which "defines the procedures for establishment of administrative liability and for the execution of the leniency agreement as per Law No. 12,846 of August 1, 2013 (“Anti-Corruption Law”)".

Under the new Ordinance, a legal entity seeking mitigation of a financial penalty due to a violation of the Anti-Corruption Law as provided for in Article 18, item V, of Decree No. 8,420/2015, must inform and prove the existence and effectiveness of a Compliance Program within the deadline set for the presentation of its written defense.

The Ordinance also defines the competency of the Inspector-General of the Union and the Secretariat of Transparency and Corruption Prevention to jointly establish the methodology for the analysis of the program, the instruments necessary for its application, as well as the templates of the Profile and Compliance Reports and other pertinent documents.

The Ordinance aims to ensure greater predictability and security to legal entities that adopt compliance measures regarding its use as a mitigating factor in the calculation of a potential penalty.


  • Luís Inácio Lucena Adams
    T +55 61 3221 4321
  • Michel Sancovski
    T +55 11 2504 4672
  • Luiz Santiago Filho
    T +55 21 2127 4245
  • Louise Dias
    T +55 21 2127 4295
  • Maria Eugenia Kanazawa
    T +55 11 2504 4208
  • Alisson Fabro
    T +55 11 2504 4206
  • Maria Eduarda Corteletti
    T +55 11 2504 4646
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