When doing business in Brazil, you surely will need assistance from a Brazilian lawyer. Brazil is full of traps and red tapes harming Brazilians themselves, so for foreigners it is a real living hell on Earth. A Brazilian lawyer can defuse bombs for foreigners.
Any major new legislation shall be combed over from every angle to make sure it is fully understood. Currently, that is happening with the new anti-corruption law that was passed in the Brazilian Congress and became effective last year (2020).
The law sets a comprehensive system of liability for individuals and corporations that practices acts of corruption against Brazilian and foreign public officials or governmental bodies. It will affect any organization doing business directly or indirectly in Brazil—whether through an employee, independent contractor, subsidiary or as part of a supply chain.
In a recent article, Mondaq specialists broke down the law and appointed some important information that any international employer needs to know. Mondaq is a content aggregator service in the legal industry with headquarters in New York.
“The anti-corruption law applies to companies, regardless of their corporate or legal form, whether foreign or domiciled in Brazil, and whether the unlawful act is committed within or outside Brazilian territory,” states the articles. “Civil liability extends to the entity’s directors, officers, employees and agents who commit, participate, or aid in the commission of the unlawful act, whether the act is performed in Brazil or abroad.”
The article points out that any company that has or is looking to expand and get a global reach, whether it is as part of a supply chain or direct sales, would be wise to seek Brazilian lawyers or international legal consulting. After acquiring, companies must consider establishing a corporate compliance program earmarked to take into account all major anti-corruption laws to ensure the business comply with Brazilian legislation.