Decree 11,129/22 Published: Regulating the Brazilian Anti-Corruption Law
Decree 11,129/22 is now in effect, regulating the Brazilian Anti-Corruption Law and revoking the previous Decree 8,420/15. While this post is not a deep legal dive, it is crucial to highlight the chapter regarding the Integrity Program (also known as a Compliance Program).
What is an Integrity Program?
It is a set of rules, policies, and procedures an organization uses to comply with laws and regulations. It primarily addresses employee conduct to ensure the organization’s reputation and values are upheld. If your company interacts directly or indirectly with any level of government, Compliance is indispensable.
Parameters for Evaluation
The new Decree reinforces that a Compliance Program must be effective in preventing, detecting, and remediating non-compliance. Article 57 outlines objective parameters to check if a program truly works, including:
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Tone from the Top: Evidence of commitment from senior management through the allocation of financial, technological, and human resources to the Compliance area.
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Standards of Conduct: Codes of ethics and policies that must be observed by all employees, administrators, and third parties (suppliers, service providers, agents).
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Periodic Training and Communication: These are the primary means to “foster and maintain a culture of integrity” (Art. 56, II). The scope should include harassment, discrimination, anti-fraud, anti-money laundering, and digital compliance.
The Risk of Non-Compliance
Companies held responsible for harmful acts against the public administration face hefty fines and the mandatory publication of the administrative decision in major media and on the home page of their own website. This causes severe reputational damage.
How TothBe Can Help
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Online Training: Focus on harassment and discrimination (racism, gender bias, ageism).
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Interactive Codes of Conduct: Animated training with ethical dilemmas, gamification, and learning validation.
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Governance Evidence: Full reports and certificates structured to meet audit needs.
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