By means of Ordinance No. 307/15 /PR, the President of the Bar Brazilian Association, São Paulo Section, Dr. Marcos da Costa, appointed attorney Luís Fernando Diegues Cardieri, who heads Montgomery & Associados Business Crime Practice Group, to join, as a permanent member, the Special Committee for the Study of Criminal Compliance.
With the enactment of Law No. 12,846/2013, entitled “Anti-Corruption Law” or “Clean Company Act”, the scope of compliance programs reached different spheres of business activity, from preventive issues pertaining to the environment, consumer protection and preventive measures against criminal behavior relating to economic, tax, financial and regulatory frameworks pertaining to employment relationships.
Compliance programs are guided by preventive purposes, by determining a series of behaviors that reduce the risk of business activity based on ethical principles, standards of conduct, regulations, procedures and internal controls, which creates protection mechanisms against punishable risks, including in the criminal area.
In the current Brazilian scenario, companies intending to conduct themselves in an appropriate manner in competitive terms, or to legally shield themselves, should seek appropriate criminal protection.
The Commission will examine sector specific legislation in the light of this new legal framework. Its members are professionals with extensive experience in the criminal area, comprising renowned law offices in São Paulo and will discuss the improvement of legislation on the subject and observe the application of laws in practice.