Article 5 of the Law outlines the administrative offences for which a legal entity may be held liable. These offences include:
- to promise, offer, or give, directly or indirectly, an undue advantage to a public servant, or related third party;
- finance, fund, sponsor or in any way subsidise the practice of illegal acts as provided in the Law;
- to use an intermediary individual or legal entity to conceal or disguise the entity’s real interests or the identities of the beneficiaries of the acts;
- in respect of tenders and contracts: frustrating or defrauding by means of an arrangement, agreement or any other method the competitiveness of a public procurement procedure; preventing, disrupting or defrauding the performance of an act in a public procurement procedure; removing or attempting to remove a bidder by fraud or by offering an advantage of any kind; defrauding a public procurement procedure or any related contract; creating, fraudulently or irregularly, a legal entity to participate in a public procurement procedure or to enter into a government contract; fraudulently obtaining an undue advantage or benefit from a modification or extension of contracts entered into with the public administration, without authorisation in law, in the notice of public procurement on in the respective contractual instruments; manipulating or defrauding the economic-financial balance of the contracts entered into with the public administration; and
- impeding an investigation or inspection of organs, legal entities or public servants, including in the scope of the regulatory agencies and supervisory bodies of the national financial system.
Article 6 of the Law sets out administrative penalties for the commission of administrative offences as listed above. These include:
- a monetary penalty, ranging from 0.1% to 20% of their gross annual revenue; and
- publication of the decision finding that the legal entity was involved in corruption.
In addition, Article 19 of the Law stipulates that public authorities may file an action to apply the following sanctions against legal entities:
- suspension or partial prohibition of its activities;
- compulsory dissolution of the legal entity; and
- prohibition of receiving incentives, subsidies, grants, donations or loans from public bodies or entities and public financial institutions, for a period of up to 5 years.
How OneTrust Helps
OneTrust Vendorpedia simplifies third-party risk management by combining automation with aggregated vendor research to streamline the vendor engagement lifecycle, from onboarding to offboarding. The platform helps organizations conduct faster and more in-depth security and privacy reviews.
Vendorpedia is backed by the world’s largest and most up-to-date database of privacy and security laws, frameworks, and standards, which directly power and enrich OneTrust Vendorpedia. Research is generated by 30 in-house security and privacy experts and a network of 500 lawyers across 300 jurisdictions.
For additional details on Vendorpedia, read more here.
Law No. 12.846 of 1 August 2013 on Administrative and Civil Responsibility of Legal Persons for the Practice of Acts Against Public Administration, National or Foreign, and Makes Other Provisions (only available in Portuguese here) (‘the Law’) provides mechanisms for the prevention of administrative offences and acts of corruption, and provides for the administrative and civil liability of public servants that commit acts of corruption, as well as legal entities involved therein.
Last Updated: July 30, 2019
OneTrust is the #1 most widely used privacy, security and third-party risk technology platform trusted by more than 3,000 companies to comply with the CCPA, GDPR, ISO27001 and hundreds of the world’s privacy and security laws. OneTrust's three primary offerings include OneTrust Privacy Management Software, OneTrust PreferenceChoice™ consent and preference management software, and OneTrust Vendorpedia™ third-party risk management software and vendor risk exchange. To learn more, visit OneTrust.com or connect on LinkedIn, Twitter and Facebook.