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President Jair Bolsonaro signed three bills that belong to the anti-crime and anti-corruption package proposed by Justice and Public Security Minister, Sergio Moro.

The anti-crime and anti-corruption package propose amendments to fourteen different laws, including the Criminal Code, Criminal Process Code, Criminal Execution Law, Heinous Crimes Law, and Electoral Code.

According to Minister Moro, the package is divided into three bills with the following features: (i) amendments to the Electoral Justice’s jurisdictional rules; (ii) adoption of criminal liability for illegal financing of political campaigns; and, (iii) provisions that make the legislation framework more stringent, such as: criminal sentence execution after appeal sentencing; criminal sentence execution in trial court in the case of jury trial; use of undercover police officers; and, a hardened policy for serious crimes – and negotiable measures – such as whistleblowing and plea bargaining provisions.

In order to enter into force, the package will need the approval of congressional representatives and senators.

While the anti-crime and anti-corruption package brings stricter legal provisions mainly to individuals; companies may be affected in terms of liability for the acts of its executives and employees.

Companies should implement the necessary controls and ensure that its executives, employees and representatives are aware of the requirements of the anti-crime and anti-corruption package.

Author

Heloisa Barroso Uelze joined the Firm in 2000 and became a partner in 2005. She has over 25 years of practice and is currently the head of the Brazilian Public Law, Government Relations and Regulatory Group at Trench Rossi Watanabe. Heloisa is recognized as a leading practitioner in such areas of law by various international publications such as Chambers, LACCA, Análise Advocacia, and PLC. Before joining Trench Rossi Watanabe, Mrs. Uelze worked for thirteen years in a law firm specialized in Public Law created by four of the most regarded scholars in Administrative, Public, Tax and Constitutional Law In Brazil, all of them respected Professors that held PHDs: Celso Antonio Bandeira de Mello, Geraldo Ataliba, Adilson Abreu Dallari and Michel Temer. In April 2000 Heloisa was nominated – due to her recognized ethical reputation and specialized legal knowledge, head of the legal department of Federal Government Autarchy, where she stayed for 12 years. Such position was not inconsistent with the private practice of law. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Fernanda Casagrande is a Senior Associate in Trench Rossi Watanabe, São Paulo office. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.