BRAZIL Law and Practice Contributed by: Octaviano Duarte, Henrique Forssell, Marcelo Lucidi and Mayara Rahman Rufino, Duarte Forssell Advogados
Criminal Offences The Brazilian Criminal Code addresses fraud through various provisions that criminalise deceptive or fraudulent conduct in different contexts. Corruption offences The Brazilian Criminal Code contains provisions addressing corruption offences, including active corruption (Article 333), passive corruption (Arti - cle 317) and influence-peddling (Article 332). These offences involve actions that affect pub - lic interest and involve individuals vested with public authority. Fraudulent appropriation Article 168 of the Criminal Code criminalises fraudulent appropriation, which includes the act of misappropriating someone else’s property or money entrusted to the offender for a specific purpose. This provision aims to protect against Article 171 of the Criminal Code covers fraud - ulent misrepresentation or deceitful conduct aimed at obtaining an unjust advantage or causing a financial loss to another person. This offence encompasses actions such as using false pretences or deceit to deceive others into transferring money or property. Anti-Corruption Law Under the Anti-Corruption Law in Brazil, compa - nies can be held liable for bribery and corruption offences committed by their shareholders, direc - tors, officers and employees. The law imposes civil and administrative sanctions, some of which can be severe, for a wide range of prohibited conducts. wrongful deprivation of property. Fraudulent misrepresentation
These prohibited conducts include offering or giving undue advantages to government officials or related third parties, financing or sponsoring harmful acts under the law, and using third par - ties to conceal the real interests or beneficiar - ies of the conduct. Any such conduct deemed harmful under the law may lead to administrative or civil liability for the company involved. Companies may face individual or cumulative penalties, such as fines of up to 20% of their rev - enues, confiscation of assets gained from illegal acts, partial suspension or prohibition from busi - ness activities, and the prohibition from receiving benefits or credit from government entities. The Anti-Corruption Law applies to bribery offences committed against both Brazilian and foreign governments and establishes a strict liability regime for companies involved in such offences. Only the Brazilian government has the authority to pursue civil and administrative sanc - tions against companies and individuals that vio - A fraud claim may also be brought by means of an administrative improbity lawsuit, as pro - vided for in Law No 8,429/1992, which enforces wrongful behaviour by public officials and pri - vate entities. This Law aims to protect the integ - rity of public assets and the principles applicable to public administration. Claims based on administrative improbity may refer inter alia to causing damages to the public treasury, unlawful enrichment of public officials or third parties, as well as violations of the prin - ciples applicable to public administration. late the Anti-Corruption Law. Administrative Improbity Law Under Article 12 of Law No 8,429/1992, the improbity acts may be punished through several
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