Federal Law no. 12.846 — the "Anticorruption
Law" is already in force
Law 12.846/13, known as the Anticorruption Law, came into
force this week, and will have repercussions on companies all over
the country.
None of the rules in force up till now in Brazil have affected
businesses in the same way as Law 12.846. The main differential of
the new punitive measures in relation to the already existing laws
in Brazil, which only managed to punish directly individual
persons, is that, under the new law, legal entities can now be held
liable, following the example of the U.S. and British legislation
(Foreign Corrupt Practices Act and the UK Bribery Act
respectively).
Under the new law, even if the company involved alleges that
there was no fault or fraud, it will be held liable (strict
liability). Accordingly, even if an employee or collaborator
commits an act of corruption without the agreement or knowledge of
the company, and such act causes loss to the national or a
