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Identification and Monitoring of PEPs: The Role of Compliance in the Prevention of Money Laundering

by Isadora Corrêa e Natália Ariza Law No. 9.613/98 (Money Laundering Law) provides for the crimes of money laundering and concealment of assets, in addition to consolidating guidelines for the prevention of the use of the financial system for the unlawful acts provided for in its normative text. This legal framework inaugurated criminal compliance in the legislative sphere, requiring financial institutions to adopt internal policies, procedures, and controls to identify

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Project and Infrastructure Financing: Criminal implications in the Brazilian bidding process considering Law No. 14,133/2021

by Gabriel Tosi The primary form of administrative contract through which the Brazilian State promotes large-scale infrastructure projects with significant socioeconomic impact is the bidding process. As it represents an agreement between the Public Administration and a private company or administrative entity for the achievement of public interest goals, it is subject to exceptional prerogatives and specific regulation through the new Bidding Law No. 14,133/2021. By replacing the former Law

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The Peculiar Statute of Limitations for Bankruptcy Crimes

by Felipe Colloca e Caio Giuranno According to the Serasa Experian Bankruptcy and Court-Supervised Reorganization Indicator, in October 2024, Brazil recorded 223 new requests for court-supervised reorganization, representing an increase of approximately 37% compared to the same month of the previous year. Likewise, Bankruptcy filings raised by 50% during the same period. This scenario requests more attention to the offenses outlined in Law No. 11,101/05, commonly referred to as “bankruptcy

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Capital Market and Accountability Spheres in Brazilian Law

by Shaiane Tassi The capital market plays a fundamental role in the economy by enabling the financing of government and business activities, fostering productive expansion, and directly contributing to the strengthening of economic development. Recent data from the Brazilian Association of Financial and Capital Markets Entities (ANBIMA) indicates that, between January and October 2024, companies raised R$ 633.6 billion in the capital market, the highest volume ever recorded for this

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The Dual Strategy Against Fraud for Fintechs: Technology and Crisis Management

by Isadora Corrêa, Vinícius Novo e Gabriel Brezinski The term Fintech, derived from “financial technology”, refers to companies that introduce technological innovations into the financial market, offering products and services through applications and online platforms. These solutions foster competitiveness and development in the sector. In Brazil, Fintechs specialized in payments, credit, investments, and financial management – such as Agibank, Nubank, C6 Bank, and PicPay – have gained prominence. In recent

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Foreign Investment and International Arbitration: The Intersection of Economic and Criminal Law

by Bruna Castro e Vinícius Novo (translation) Foreign investment and international arbitration are fundamental components of international economic law, yet they may intersect with criminal law in various dimensions. When arbitration proceedings involve criminal conduct, such actions can be subject to investigation and prosecution across multiple jurisdictions. In this context, a detailed analysis is essential to ensure the protection of investors’ rights. This integration of international, economic, and criminal law

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