🇧🇷Brazil

Penalidades Lei Anticorrupção - Não Conformidade com Lei 12.846/2013

2 verified sources

Definition

Clean Company Act (Lei Anticorrupção Lei 12.846/2013) applies to direct/indirect activities in Brazil. Civil penalties + judicial penalties + potential corporate dissolution for companies with poor internal controls.

Key Findings

  • Financial Impact: Civil penalty: up to 20% of gross income OR R$60,000,000 (sixty million reais); Judicial penalties: additional mandatory dissolution, cessation of operations, asset seizure, 5-year government funding/subsidy debarment
  • Frequency: Per violation; applies to parent company, subsidiaries, and affiliates; survives merger/acquisition (5-year statute of limitations from offense date)
  • Root Cause: Executive Order Implementation Tracking lacks documented due diligence on suppliers/partners; no audit trail of approval decisions; no timestamped evidence of bribery/corruption risk assessment

Why This Matters

The Pitch: Brazilian companies face civil penalties up to 20% of gross income (or R$60 million if income cannot be calculated) plus judicial penalties including mandatory dissolution, asset seizure, and 5-year government debarment. Lack of digitized Executive Order tracking means zero proof of anti-bribery compliance reviews. Automation of order approval workflows with mandatory due diligence checkpoints eliminates R$60M+ legal exposure.

Affected Stakeholders

Executive Office, Compliance Officer, Procurement Director, Legal Director

Deep Analysis (Premium)

Financial Impact

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Current Workarounds

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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 LGPD - Não Conformidade em Proteção de Dados

R$50,000,000 (fifty million reais) per single infraction; or up to 2% of gross revenue in Brazil for preceding fiscal year, whichever is lower

Custo de Violação de Dados LGPD - Danos Operacionais e Reputacionais

R$6,000,000+ (six million reais) per single data breach incident; includes legal expenses, operational shutdowns, mandatory ANPD reporting, reputational damage, customer compensation, potential class-action litigation

Erros de Validação de NF-e e Rejeição SEFAZ

R$ 2,000–5,000 per rejected batch (lost processing hours + interest accrual); estimated 20-40 hours/month remediation work

Fraude e Erro Humano em Processamento Manual de Pagamentos

1–3% of annual vendor spend; typical mid-market loss R$ 50,000–200,000/year

Gargalos Burocráticos em Aprovação de Pagamentos

8–12 days average payment cycle delay; estimated early payment discount loss R$ 30,000–100,000/year for mid-market; supplier relationship friction

Atrasos em Reconciliação Bancária e Verificação de Pagamentos

20–30 hours/month reconciliation labor; R$ 15,000–40,000/year opportunity cost; 5–10% of AR aging over 60 days due to unresolved disputes

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