Changes ahead in the criminal enforcement in Brazil?
One of the remarkable features of the Brazilian antitrust policy regards its criminal enforcement, which has been internationally praised as one of the keys for its success. Even though it is a far cry from the stringency of the US enforcement, Brazilian prosecutors seem to have adopted the idea that one of the pillars of a successful antitrust policy lays on criminal courts, specially when it comes to anticartel policy. As a result of that, no longer do antitrust lawyer pay attention only to the case at the the Administrative Council of Economic Law (CADE), but also to the role of the police, prosecutors and courts.
This comes as no surprise. Applicable just to individuals, the New Antitrust Law has increased the jail term (2 to 5 years imprisonment plus fine) for conduct offences besides making simpler the definition of the crimes to be prosecuted – such a simplication potentially decreased the amount of evidence to find a defendant guilty. Little has been done to tested since then, but the expectations are great.
Indirectly, there may be new changes ahead. There is a bill under discussion to change the Criminal Code. Indirectly, some of the changes may have dramatic effects on how criminal law will be enforced for conduct cases. For this reason, the Antitrust Committee of the Lawyers’ Institute of São Paulo invited Professor Miguel Reale Jr., the former Ministry of Justice and Professor of Criminal law at the University of São Paulo, to discuss the possible changes in the enforcement of the antitrust policy. The meeting is open to the public and will take place on July 24 at 9h30 am. at the headquarters of Lawyers’ Institute of São Paulo (IASP), located at Rua Líbero Badaró n. 377, 26th floor, São Paulo (SP).