We advise individuals and companies involved in investigations or proceedings of an economic and corporate nature, whether in the defense of suspects or defendants accused of criminal conduct, or in assisting victims seeking asset recovery.
In practice, our work may take place both within the company and before official investigative authorities, depending on the client’s specific interests. Strategic management of situations with potential criminal exposure can prevent irreparable reputational damage to those involved. In particular, we act in the following matters:
The prosecution of crimes against Public Administration has become one of the main focuses of the Brazilian justice system, especially following the highly publicized Operation Car Wash (Lava Jato). As a result, investigations and criminal proceedings against public officials and private agents for such offenses have become increasingly common, including crimes such as active and passive corruption, embezzlement, extortion by public officials, among others.
Public procurement procedures are governed by numerous formal requirements, and the violation of any of these rules may lead to investigations and criminal proceedings against both public officials involved in the bidding process and private bidders. Following the legislative reform enacted in 2021, procurement-related crimes were incorporated into the Brazilian Criminal Code (rather than being regulated by a separate statute), with penalties more severe than those previously applicable.
Criminal Law has increasingly been used by the State as a powerful instrument to compel the payment of taxes, driven by high rates of tax evasion and the substantial cost of public administration. In this context, criminal enforcement related to the non-compliance with tax obligations—especially tax delinquency—has become commonplace, often accompanied by asset freezes that require careful legal challenge.
The firm also specializes in the defense of crimes against the National Financial System (Law No. 7,492/1986). Accusations of this nature may target both direct agents of the financial system (such as financial institution executives and independent investment agents) and indirect agents, including individuals who maintain assets abroad exceeding regulatory thresholds without proper declaration to the competent authorities.
Alongside the enactment of the Brazilian Consumer Defense Code (CDC), a set of criminal provisions was introduced into the legal system to regulate crimes committed in consumer relations. This area represents a specific application of Criminal Law aimed at protecting consumer interests.
The growing social importance attributed to environmental protection has expanded the scope of Criminal Law, leading to the criminalization not only of conduct that causes environmental damage, but also of conduct that merely poses a risk of damage—even if no actual harm occurs. In these cases, particular attention must be given to the defense of legal entities, as corporations may be held directly liable, independently of the criminal liability of any individual.
In addition to defending the assets of individuals involved in criminal investigations and proceedings, the firm also acts to protect the assets of victims of unlawful conduct (such as fraud and financial schemes), both to recover lost assets and to hold perpetrators accountable.
Current best corporate practices require company management to remain attentive to the creation and enhancement of compliance programs and mechanisms that facilitate internal investigations, especially for companies engaged in business with Public Administration entities and therefore subject to the Brazilian Anti-Corruption Law.
It has become increasingly common, in corporate criminal cases, for investigative and prosecutorial authorities to characterize the individuals involved as members of a criminal organization, whether acting alone or in association with third parties (such as public officials). Such classification may be applied when, in addition to the suspicion of criminal conduct, there is an association of four or more individuals structured in a manner similar to a company, with an organized hierarchy and division of tasks.