Brazil’s Anti-Corruption Setbacks Highlight Need for Effective Company Compliance Programs

In the latest in a series of reversals, on September 6, 2023, Brazilian Federal Supreme Court Minister Dias Toffoli declared null and void part of the evidence obtained from the leniency agreement signed by Brazilian construction group Odebrecht S.A. in 2016. This was reached during Operação Lava Jato (Operation Car Wash), a massive investigation that uncovered widespread corruption, leading to numerous arrests and over 361 convictions. This article assesses the potential outcomes for businesses from Toffoli’s decision, with insights from Di Cillo Advogados, Demarest Advogados, Mattos Filho, Fakos, and Jacobson Lopez PLLC. See “Will the Cooperation Framework for Leniency Agreements in Brazil Help Companies?” (Oct. 14, 2020).

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