CORPORATE LIABILITY FOR CORRUPTION AND THE RELEVANCE OF COMPLIANCE

CORPORATE LIABILITY FOR CORRUPTION AND THE RELEVANCE OF COMPLIANCE

A dialogue between Brazil and Germany

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From 3th to 4th November Every day from 14h00 to 17h00

About the Event

After almost 10 years of enforcement of the Anti-corruption Act in Brazil (Law 12,846/13), focused on the liability of legal persons, and given the discussions in Germany triggered by the previous government’s Bill on Strengthening Integrity in Business that had proposed a reform of Germany’s corporate liability, the event aims to work as a relevant space for the exchange of experiences about corporate liability, especially regarding acts of corruption. Despite the differences in their legal systems, Brazil and Germany are currently addressing the need for a fair and adequate response to corporate offence towards the strengthening of business integrity.

In this context, the workshop is dedicated to bridge perspectives among practitioners and academics from both countries on topics such as the frameworks of anti-corruption enforcement, the complexities of the prosecution of legal entities, the role of different institutions in this scenario and the impact of compliance programs in the mitigation of sanctions. The main goal is to exchange experiences and lessons learned from Germany and Brazil in this field.

The workshop will be divided into two roundtables composed by a multistakeholder representation. The event will be exclusively online, via Zoom, and with simultaneous translation Portuguese-English in order to reach participants from both countries.

Schedule

14h00 Prosecution of legal entities: experiences and challenges from Brazil and Germany in corruption cases Round table
Place: Zoom

WELCOME SPEECH


Christoph Burchard

Goethe-Universität Frankfurt am Main. Chair of Criminal Law and Criminal Procedure, International and European Criminal Law, Comparative Law and Legal Theory.


Markus Busch

German Federal Ministry of Justice. Head of the Division “Criminal Law Suppression of Economic Crime, Computer Crime, Corruption-related Crime and Environmental Crime”.


ROUNDTABLE


Bárbara Alencar Ferreira Lessa (moderator)

Visiting Researcher at Goethe-Universität. German Chancellor Fellow at Humboldt Foundation. Internal auditor at the Comptroller General’s Office of the State of Minas Gerais, Brazil. PhD in Theory of Law at PUC Minas, Brazil.


Gilberto Waller Junior

Federal State Attorney. Head of the National Disciplinary Office of the Brazilian Comptroller General’s Office, responsible for the enforcement of Brazilian Anti-corruption Act at the Federal level.


Charlotte Schmitt-Leonardy

Junior Professor for Criminal Law, Criminal Procedure Law, and Interdisciplinary Legal at the Universität Bielefeld, Germany. LL.M. at Europainstitut and PhD at Saarland University with a thesis on corporate crime and its consequences for criminal law.


William Garcia Pinto Coelho

Public Prosecutor at the Public Ministry of Minas Gerais, Brazil. Master in Anti-Corruption Studies at the International Anti-Corruption Academy (IACA), Austria.


Frank Böhme

Desk Officer at the German Federal Chancellery. Former Public Prosecutor. Author of the book “Verbandsgeldbußen in Strafverfahren” (Association Fines in Criminal Proceedings).


Cristiana Fortini

Lawyer. Professor at the Federal University of Minas Gerais and Milton Campos Law School. Visiting Professor at Pisa, Italy. Visiting Scholar and Post-Doctorate at George Washington University.

14h00 Anti-Corruption Compliance as a mitigating factor of sanctions: perspectives from Brazil and Germany Round table
Place: Zoom

WELCOME SPEECH


Rodrigo Fontenelle de Araújo Miranda

Comptroller General of Minas Gerais, Brazil.


ROUNDTABLE


Eduardo Saad-Diniz (moderator)

Professor at the University of São Paulo - Ribeirão Preto Law School and Latin American Studies. Habilitation in Criminology at USP, Brazil. Compliance Consultant.


Markus Busch

German Federal Ministry of Justice. Head of the Division “Criminal Law Suppression of Economic Crime, Computer Crime, Corruption-related Crime and Environmental Crime”.


Dalila Viol

Researcher fellow and PhD candidate in Law at Fundação Getúlio Vargas São Paulo (FGV-SP), with research centered on anti-corruption and integrity/compliance programs.


Christoph Klahold

Chief Compliance Officer - BMW Group. Member of the board of DICO – Deutsches Institut für Compliance e.V.


Thomaz Anderson Barbosa da Silva

Superintendent of Integrity and Social Control at the Comptroller General’s Office of the State of Minas Gerais, Brazil. PhD in Public Administration and Government at Fundação Getúlio Vargas São Paulo (FGV-SP). Post-graduation professor

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ConTrust: Trust in Conflict - Goethe-Universität Frankfurt am Main