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From Baksheesh to BriberyUnderstanding the Global Fight Against Corruption and Graft$
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T. Markus Funk and Andrew S. Boutros

Print publication date: 2019

Print ISBN-13: 9780190232399

Published to Oxford Scholarship Online: May 2019

DOI: 10.1093/oso/9780190232399.001.0001

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3 Brazil
From Baksheesh to Bribery

Andrew Boutros

Oxford University Press

In recent years, Brazil has become a major player in anti-corruption investigations and enforcement worldwide. The adoption of the Clean Company Act in 2013 signified a new chapter in corporate liability, promoting compliance as well as providing new enforcement tools for prosecutors faced with issues both domestically and abroad. The Lava Jato, or Car Wash, investigation, which began in 2014 and has now gone through numerous phases, in the process implicating many companies, Brazilian and foreign, as well as pubic officials, is ongoing. As the result of Lava Jato, Brazil has vaulted into the forefront of international cooperation efforts in the anti-corruption field. This chapter explains these developments, and endeavors to also explain the details of the Brazilian legislation, which while spurred by the OECD Antibribery Convention, is distinct in its scope and approach, as well as the allocation of enforcement authority and responsibilities among different government agencies and the Brazilian authorities’ compliance expectations. The use of negotiated resolutions, including plea bargains, and collaboration agreements, has dramatically increased, but issues remain as to whether all enforcement authorities will give effect to these agreements.

Keywords:   Clean Company Act, Lava Jato, Car Wash, Mensalao, Brazil, Petrobras, MPF, CGU, collaboration agreements, leniency agreements

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