BRAZIL Trends and Developments Contributed by: Flávia Leardini, Paula Moreira Indalecio, Rogério Taffarello and Philippe Alves do Nascimento, Mattos Filho
Mattos Filho Alameda Joaquim Eugênio de Lima, 447 01403-001, São Paulo São Paulo Brazil Tel: +55 11 3147 7600 Fax: +55 11 3287 7700 Email: D_Penal@mattosfilho.com.br Web: www.mattosfilho.com.br
Introduction Brazil’s white-collar crime enforcement landscape has undergone significant transformation in recent years, particularly following the recalibration of anti-corrup - tion efforts in the aftermath of the Lava Jato investi - gation. The years 2025 and 2026 are poised to see further evolution, with enforcement becoming increas - ingly sophisticated, multi-agency, and technology- driven. The focus has shifted from broad, high-profile investigations to more targeted, data-driven actions that address emerging risks linked to the presence of organised crime in the financial system, environmental protection, and digital security. This article explores the key trends shaping the enforcement environment, the implications for busi - nesses, and the outlook for the coming years, drawing on recent public cases, legislative developments, and regulatory guidance from the authorities. There is a clear intersection between the enforcement of white-collar criminal law and the way in which busi - ness is carried out in Brazil. For this reason, a deep understanding of criminal law and how it is enforced, as well as the current trends in the space, for which highly specialised legal advice is essential, are funda - mental to investing and conducting business in Brazil. Legal Framework, Criminal Liability, and Criminal Investigation and Processing: An Overview Brazilian criminal law is statutory and exclusively set forth by the federal legislative branch: the Congres- so Nacional . There are no criminal laws at state or municipal levels. Crimes that affect the interests of the Federative Republic of Brazil itself (the “Union”),
such as federal assets or the functions of the federal agencies, fall under the jurisdiction of federal courts, whereas most criminal offences are prosecuted before state courts. There are also other specialised criminal spheres; however, these are rarely used, such as the military courts and the electoral courts. Criminal liability in Brazil is personal and subjective, generally applying only to individuals. The sole excep - tion is environmental crimes, for which companies can also be held criminally liable. Authorities may press charges against any individual acting wilfully or negli - gently (the latter only as expressly provided by law) to commit or help commit an offence, either directly or indirectly. Managers, officers or employees involved in criminal misconduct, whether through action or omis - sion and even if acting on behalf of a company, may face criminal charges to the extent of their personal contribution to the offence. Anyone who assists the offender, knowing they are contributing to the offence, shall be held accountable in proportion to their partici - pation. Brazilian authorities have jurisdiction to inves - tigate and prosecute any person, including foreigners, whenever the action itself or the result of the unlawful action occurs – even only partially – within the country. As a rule, in Brazil, criminal investigation is conducted by the State Civil Police or the Federal Police Depart - ment, under the supervision of the respective State and Federal Public Prosecutor’s Offices, which may also conduct direct investigations without police involvement – which is less common. Some inves - tigative measures may require judicial authorisation – which is the rule for measures that are deemed to affect individuals’ fundamental rights (eg, in the case
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