Welcome to Compliance & Corporate Ethics In Practice!

“The activity of companies is paramount to capitalism. Arrest those who commit illicit acts, but safeguard the activity of the company. “

Marcelo Buhatem, Judge from the Appeals Court of Rio de Janeiro.

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Judge Marcelo Buhatem sustains the preservation of activities of companies whose officers have been convicted by corruption practices – On a seminar held by Conjur in the Judiciary College of Rio de Janeiro State (EMERJ), Buhatem sustained that activities of companies in such situation shall be preserved, because they exert an important role in generation of jobs and income; paramount claims in the current economic scenario of Rio de Janeiro State. The Judge introduced his critique while commenting the case that resulted in blocking assets of 35 companies, and he questioned the understanding of Brazilian Supreme Court (STF) about the absence of statute of limitation in judicial claims for misuse of public funds. (Conjur; 09.02.2019)

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Federal Attorney General’s Office (AGU) publishes guidance about irreconcilability between public advocacy and private activities of dispute resolutions and compliance – According to guidance n. 57/19, published on the Federal Official Gazette 08.30.2019, the exercise of private activities connected with dispute resolution (e.g. mediation, arbitration, conciliation) and compliance is incompatible with the performance of typical duties of members from AGU, Federal and Central Bank Attorney General’s Office’s legal careers. Members who perform such irreconcilable activities shall interrupt them within a 60 day non-extendable term, as of the guidance publication. (Migalhas; 09.09.2019)

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Changing on labeling regulation and demands on compliance determine new practices for pharmaceutical industry – Graham Francis, product marketing manager at Kallik, presents solutions for companies from pharmaceutical industry to overcome challenges brought by recent regulatory changes, taking into account interferences of new technologies and rising consuming demands on that market. In this context, activities such as simplifying content, digital labelling, smart packaging, logistics and distribution require new framework and procedures, in accordance with vectors as speed, safety and flexibility. (EPM Magazine; 09.24.2019)

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The Empiricus soap opera: company announces its compliance structure and Bettina apologizes with the public – After some messy days, marked by a fine from the Consumer Protection Program (PROCON), penalties from the National Advertising Self-Regulation Board (Conar) and an “arm wrestling” dispute against the Board of Securities Commission (CVM), Empiricus announced to the public its compliance structure, responsible for checking if the company reports are in accordance with the applicable regulation provisions. The advertisement occurred through a video in which the employee Bettina Rudolph – famous for transforming BRL 1 thousand in BRL 1 million within 3 years, only with investment advises from Empiricus – publicly apologizes for her prior message and invites everybody to get to know the company’s compliance program. (Exame, 10.01.2019)

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Brazilian Consumer Office (Senacon) commences an administrative proceeding to ascertain alleged data leak in service “TIM Negocia” – According to the media and the Department of Defense and Protection of Consumer (DPDC), due to a breach in the system of “TIM Negocia” platform, hackers would have accessed personal data of the company’s clients. It is still unknown how many time and the amount of data the intruders have obtained. For prevention, TIM has already taken the platform off, but the company will be summoned to file its defense in the administrative proceeding initiated by Senacon. If the evidences of wrongdoing are confirmed, TIM may be charged around BRL 10 million. (TI Inside, 09.16.2019)

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Apps share intimate data of millions of women with Facebook, says Privacy International – According to a study developed by the British law group Privacy International, apps of female routine and health (e.g. MIA Fem. and Maya) apparently send intimate information of their users to Facebook, supporting practices as exhibition of targeted advertising. Mood variation, sexual habits, menstrual period schedules, chances of conceiving a child are examples of such sensitive data disclosed to Facebook. The organization has ascertained that many times information is shared even before users accept the apps privacy policies. (BuzzFeed, 09.09.2019)

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To learn More
Although Law n. 12.346/2013 (Anticorruption) made common the institute of leniency agreements, Law n. 8.429/92 prohibits deals, agreements and conciliation on misconduct lawsuits. Such apparent dissent of legal rules is the subject of Ana Paula de Barcellos’ article “Misconduct and leniency agreements: solving legal conflicts”.

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Compliance Desk