Our Criminal Law practice is designed specifically to address the complex and high-stakes criminal risks that businesses and executives face in Brazil’s intricate legal environment. Corporate and business crimes often trigger parallel investigations by federal and state authorities, with overlapping jurisdictions and competing interests. Brazil’s anti-corruption laws add another layer of complexity, with the potential for administrative investigations, criminal repercussions, and executive liability. Companies operating in Brazil must also contend with international frameworks like the U.S. Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act, which apply extraterritorially and impose stringent anti-bribery and corruption standards.
Brazil presents a unique regulatory landscape where a single fact can lead to criminal investigations on multiple fronts. The Brazilian Antitrust Authority (CADE) can recommend criminal indictments for competition law violations, while the Brazilian Securities and Exchange Commission (CVM) refers capital markets cases to the Ministry of Public Prosecutions (Ministério Público) for independent prosecution. At the same time, the Brazilian Central Bank (Bacen) has the authority to recommend severe interventions, such as financial institution liquidation and immediate asset freezing for banking executives. These overlapping frameworks mean that businesses face significant risks from both criminal and regulatory investigations, and without careful management, even routine compliance issues can escalate into serious criminal charges.
Tax-related crimes, for example, can involve federal, state, and municipal authorities, and tax evasion cases frequently trigger accusations of money laundering. Depending on the tax strategies employed, businesses may face unforeseen criminal charges, which could bring additional scrutiny from multiple agencies. Overlooking these complexities is not an option, as corporate criminal liability can extend beyond the company to its executives, exposing them to personal liability. A firm understanding of the criminal repercussions in these scenarios is essential to mitigating risk and avoiding significant financial and reputational harm.
With such dispersed responsibilities across regulatory bodies, having a firm that understands the intricacies of Brazil’s legal and regulatory environment is essential. Our deep understanding of both domestic and international regulations ensures your business and its leadership are protected across all relevant jurisdictions and regulatory fronts, from executive liability and criminal investigations to negotiating leniency agreements and plea bargains. While Brazilian law does not offer a one-stop-shop for settling or handling these liabilities globally, we offer a comprehensive, full-package approach that addresses the entire spectrum of corporate criminal issues, ensuring that your business and leadership are safeguarded at every level.
- Corporate Criminal Investigations and Representation: we represent businesses and executives in all stages of criminal investigations, from initial inquiries to full-scale proceedings. Our team provides strategic defense for a wide range of corporate crimes, including financial fraud, embezzlement, and breaches of fiduciary duty. We work closely with our clients to manage risk and mitigate potential criminal exposure, protecting both the company and its leadership from severe legal consequences.
- Anti-Corruption and Bribery Compliance: we offer in-depth advisory services related to compliance with anti-corruption laws, including the U.S. Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act. Our team assists clients in implementing anti-bribery policies, conducting internal investigations, and defending against allegations of bribery or corruption. We work to ensure that your business is fully compliant with international anti-corruption standards, reducing the risk of criminal liability and safeguarding your business’s reputation.
- Corporate Criminal Investigations and Representation: we represent businesses and executives in all stages of criminal investigations, from initial inquiries to full-scale proceedings. Our team provides strategic defense for a wide range of corporate crimes, including financial fraud, embezzlement, breaches of fiduciary duty, and bankruptcy or insolvency-related crimes. We work closely with our clients to assess risks, develop tailored strategies, and mitigate potential criminal exposure, ensuring that both the company and its leadership are protected from severe legal consequences.
- Environmental Crimes: we defend companies and executives against allegations of environmental crimes, including breaches of environmental protection laws and regulations. Our team provides expert legal guidance on cases involving pollution, illegal waste disposal, and non-compliance with environmental standards. We resolve both criminal and regulatory issues, minimizing operational disruptions while protecting your business from significant penalties.
- Tax-Related Crimes: our practice represents clients in criminal matters related to tax fraud, evasion, and financial misrepresentation. We defend businesses and executives against accusations of illegal tax planning or non-compliance with tax obligations. Our team handles both domestic and international tax-related crimes, offering strategic guidance to navigate investigations and negotiate favorable settlements, helping clients avoid severe penalties and reputational damage.
- Bankruptcy, Insolvency, and Financial Crimes: we provide defense in cases involving bankruptcy or insolvency-related crimes, including fraudulent transfers, asset concealment, and breaches of fiduciary duty during liquidation. Our team assists in managing investigations related to financial misconduct, ensuring compliance with insolvency laws while defending against criminal charges. We work to protect both companies and their executives from legal exposure during financial crises.
- International Criminal Liability and Cross-Border Repercussions: We represent clients in criminal cases with international implications, including transnational bribery, money laundering, and cross-border regulatory violations. Our legal team ensures compliance with foreign and international legal frameworks, defending businesses and executives against accusations of non-compliance with global regulations. We provide a comprehensive defense strategy to manage international criminal risks while addressing potential executive liability.
- Executive Liability and Non-Compliance: we counsel executives on the criminal liabilities arising from corporate non-compliance with industry regulations, environmental standards, and labor laws. Our team manages the complexities of executive responsibility in criminal cases, defending against personal liability while negotiating favorable outcomes. We ensure that corporate leadership is adequately protected from the legal consequences of non-compliance in highly regulated industries.
- Leniency Agreements and Plea Bargains: our firm is adept at negotiating leniency agreements, plea bargains, and other forms of cooperation with regulatory authorities in criminal cases. We work closely with law enforcement and prosecutorial bodies to ensure that businesses and executives avoid the most severe penalties. Our strategic approach mitigates long-term reputational damage and financial loss, helping our clients reach settlements that protect their operations and future growth.
- Criminal Prosecution Advocacy as Amicus: in cases where your competitors or violators of your rights are under investigation or under criminal charges, we act as amicus to the prosecutor, providing crucial elements to advance the criminal case. By working alongside prosecutorial authorities, we ensure that violators do not evade justice, serving as a vigilant watchdog for your business. This approach ensures that those who breach legal or ethical standards are held accountable, giving your company a strategic advantage in maintaining market integrity.
- Private Investigations for Crime Evidence: we conduct thorough private investigations to uncover evidence of criminal activity or provide critical elements that support the initiation of a criminal investigation. Our team works closely with clients to gather information, analyze findings, and build a robust foundation for legal action, ensuring that any criminal wrongdoings are properly documented and presented to the relevant authorities.
