🇧🇷Brazil

Perda de Vantagens Econômicas e Bloqueio de Fundos Públicos

2 verified sources

Definition

Judicial penalty under Lei 12,846/2013: forfeiture of goods, rights, amounts representing the advantage obtained (directly or indirectly) through violation; prohibition from receiving government incentives, grants, benefits, donations, or loans from public entities for 1–5 years. Also includes partial or complete suspension of business activities and mandatory company dissolution (in severe cases).

Key Findings

  • Financial Impact: Forfeiture of fraud-related gains (100% of illegal benefit); R$500K–R$5M+ in blocked government grants/incentives (1–5 year prohibition); potential mandatory dissolution
  • Frequency: Per conviction; applies for 1–5 years post-judgment
  • Root Cause: Court conviction for procurement fraud (false bids, contract manipulation, collusion, undisclosed conflicts of interest)

Why This Matters

The Pitch: Climate analytics firms seeking government R&D grants, incentives, or vendor financing face R$500K–R$5M+ in blocked funds and asset seizures if compliance lapses trigger fraud findings. Automated compliance auditing and documentation controls prevent the fraud trigger and preserve access to government financing programs.

Affected Stakeholders

CFO/Treasurer (asset seizure, funding access), Compliance Officer (judicial exposure), Executive Management (business continuity risk)

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Financial Impact

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Methodology & Sources

Data collected via OSINT from regulatory filings, industry audits, and verified case studies.

Evidence Sources:

Related Business Risks

Multas Administrativas por Não Conformidade em Licitações Públicas

R$6,000–R$60,000,000 per violation; or 0.1%–20% of annual gross revenue; or 1%–5% of contract value. For cartel/collusion: R$6,000–R$60,000,000 plus 0.1%–20% of gross revenue.

Multas por Cartel e Colusão em Licitações (Lei Antitruste)

R$6,000–R$60,000,000 (or 0.1%–20% of annual gross revenue, whichever higher); asset divestiture (variable); 5-year debarment from government bidding

Multas por Não Conformidade com Sistema de Comércio de Emissões (SBCE)

LOGIC ESTIMATE: Comparable environmental non-compliance penalties in Brazil range from administrative warnings to fines of up to 2% of revenue (per LGPD analog and environmental enforcement patterns). For mid-market emitters (15,000–50,000 MT CO2/year), estimated penalty exposure: R$500,000–R$5,000,000 per non-compliance incident.

Penalidades por Não Conformidade com Legislação Ambiental e Órgãos Reguladores

LOGIC ESTIMATE: Contract termination penalties range from 5–20% of contract value (typical liquidated damages for environmental compliance breach). For a climate analytics firm with R$50M in annual carbon credit contracts, early termination exposure = R$2.5M–R$10M. Central Bank restrictions can reduce market access by 30–50%, causing revenue loss of R$15M–R$25M annually for mid-market firms.

Multas de Proteção de Dados (LGPD)

BRL 50,000 - BRL 50,000,000 (2% annual revenue cap)

Atraso na Cobrança de Multas Ambientais (Pesquisa de Carbono/Dados)

BRL 4,000,000,000+ annual fine exposure (2010-2016 avg); typical payment wait: 3-5 years; fine expiration risk: 100% loss if deadlines missed

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