A.02 - Criminal Compliance
Corporate criminal defense and compliance programs
Criminal law applied to the corporate environment and compliance programs have become, in recent decades, central areas for companies operating in regulated markets and in jurisdictions with strong integrity requirements. The consequences of a criminal investigation or a compliance failure go far beyond financial penalties, encompassing reputation, business continuity, and the personal liability of directors and officers.
A.02
Estoril · Portugal
01 — Ongoing support
With professionalism and dedication
Piauhylino Associados provides assistance to companies, directors, and individuals in two complementary areas. The preventive area focuses on the design and implementation of compliance programs, particularly in anti-corruption, prevention of money laundering, and data protection. The reactive area involves criminal defense during investigation and proceedings, and the conduct of internal investigations in times of crisis.
Intervention in criminal and compliance matters requires strict discretion, knowledge of applicable regulatory regimes, and the ability to coordinate between different legal systems. European and Brazilian regulatory requirements have increasing convergence, but maintain particularities that must be considered in the design of programs and the conduct of defense.
01
Corporate criminal defense
Representation of directors, officers, and companies in criminal proceedings in the context of economic activity.
02
Anti-corruption compliance programs
Design, implementation, and review of internal policies in compliance with Law No. 12,846/2013 (Brazil) and the applicable Portuguese regime.
03
Prevention of money laundering
Support in compliance with the duties imposed on obliged entities by Law No. 83/2017 and related legislation.
Mission
To protect, with rigor and discretion, the interests of individuals and companies operating between Portugal and Brazil.
Vision
To be the reference in Portuguese-Brazilian transatlantic legal practice, recognized for technical excellence.
Values
Ethics, discretion, efficiency, and an individual approach to each case. Without compromise.
02 — Why choose us
A practice
without borders.
01
Criminal defense in both legal systems
Ability to coordinate between Brazilian and Portuguese regimes in criminal and compliance matters.
02
Rigor and discretion above all
Strict discretion, essential in this area of practice.
03
Compliance tailored to your company
Experience in designing compliance programs adapted to the company’s profile and size.
03 — FAQs
Frequently
asked questions
The most common questions in criminal compliance matters. Each situation is individual — eligibility analysis must always be conducted on a case-by-case basis.
Which companies are required to implement a compliance program in Portugal?
Obligations vary by sector. In the area of money laundering and terrorist financing, Law No. 83/2017 identifies the obliged entities. In the area of whistleblowing, Law No. 93/2021 requires internal reporting channels for companies with fifty or more employees, with specific rules in certain sectors. For other matters, the obligation may result from sector classification or exposure to regulated markets.
Do Brazilian companies with branches in Portugal need a Portuguese compliance program?
The presence in Portugal subjects the branch to applicable Portuguese obligations, particularly in the areas of money laundering, whistleblowing, and data protection. The existence of a robust Brazilian compliance program (for example, in compliance with Law No. 12,846/2013) is generally well received, but requires adaptation to the Portuguese regulatory framework.
How should a company respond to news of an internal investigation?
The first priority tends to be the preservation of evidence and the definition of the scope of the investigation. In parallel, obligations to communicate with authorities, when applicable, and coordination with third parties (auditors, boards of directors, any sector regulators) should be considered. Internal conduct should be carried out with legal counsel from the outset.
05 — Contact
How can we
help you?
Do you have a criminal or compliance matter that requires analysis? Contact us.
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