Why choose a Brazilian Lawyer

Any major new law is going to be combed over from every angle to make sure it is fully understood. That is currently happening with the new anti-corruption legislation that was passed in Brazil and became effective last year.

The law establishes a comprehensive system of liability for individual and corporate acts of corruption against Brazilian and foreign public officials or governmental bodies. It will affect any organization that conducts business directly or indirectly in Brazil—whether through an employee, independent contractor, subsidiary or as part of a supply chain.

A recent article from Mondaq broke down the law and pulled out some important information that any international employer needs to know.

“The anti-corruption law applies to companies, regardless of their corporate or legal form, whether foreign or domiciled in Brazil, and whether the unlawful act is committed within or outside Brazilian territory,” the article reads. “Civil liability extends to the entity’s directors, officers, employees and agents who commit, participate, or aid in the commission of the unlawful act, whether the act is performed in Brazil or abroad.”

The piece added that any company that has or is looking to expand and have a global reach, whether it is direct sales or as part of a supply chain, would be wise to seek out Brazilian lawyers or international legal counsel. Once acquired, companies need to consider implementing a corporate compliance program that will take into account all major anti-corruption laws to ensure the business is compliant.

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Cuban doctors examined by prosecutors

Getting health care to every citizen is complicated, especially for those in the poor and remote areas of a country. However, some areas are answering this challenge by thinking outside the box. Brazil, for example, has partnered with Cuba to bring 4,000 Cuban doctors and other medical personnel to these areas when it became clear that Brazilian doctors only wanted to work in cities and not in the remote areas of the country.

According to a recent article from the Miami Herald, the first 400 professionals under the Mais Medicos (More Doctors) program will begin arriving on Friday and cost the Brazilian government more than $200 million.

However, the move is not official yet as the agreement needs to be reviewed for possible violations of the Brazilian labor laws and regulations.

“After we analyze the documentation, we will take the required steps … because already there are some visible irregularities,” José de Lima Ramos Pereira, chief prosecutor in the labor fraud section of the Office of the District Attorney was quoted as saying in Brazilian news media reports.

One issue is that it raises “legal uncertainty” because of the use of the Pan American Health Organization, a Washington-based branch of the World Health Organization, as the go-between for financial transactions between the two organizations. Officials will also be checking to ensure Cuban doctors are not paid below the minimum allowed by Brazilian law.

It will be interesting to see how this plays out over the next several days and weeks as prosecutors comb through the contract.

Miranda Detention

The case of Edward Snowden and those connected to it has been global news since the NSA leaks he is responsible for broke in May. As a result, many countries, including Brazil, have increased government talks on their internet security and policies.

The latest news involves David Miranda, the partner of Guardian journalist Glenn Greenwald, who was responsible for denouncing American and British surveillance programs based on Edward Snowden’s disclosure of information.

On Sunday, August 18, Miranda was on his way home to Brazil and Berlin, Germany, when he was detained and searched at Heathrow airport in Britain. He was questioned for over nine hours by officials under the Terrorism Act but was released without charges.

While the British government stands by its actions, Miranda is seeking legal action. His argument is that police illegally seized data from him and wants to ensure they are unable to access it until after a judge is able to hear his claim.

“We are most concerned about the unlawful way in which these powers were used and the chilling effect this will have on freedom of expression,” Kate Goold, of the law firm Bindmans, which is representing Miranda, told CNN.

Brazilian authorities are also coming to Miranda’s aid, claiming that there is no justifiable reason for the interrogation. No weapons or sensitive information was found on his person and he was threatened with jail time if he didn’t cooperate. While terrorist activity needs to be halted it is disturbing to know that there are apparently no limits on what authorities can do to fight this supposed threat.

End of Soybean Lawsuit

There has been a legal battle between the United States and Brazil over the last few years over the soybean. More specifically, between Brazil’s largest cooperative Aprosoja and the U.S.-based Monsanto. However, it appears as if the dispute could finally be coming to an end.

According to a report from Reuters, the two organizations have reached an agreement and Aprosoja is encouraging farmers to sign on with the seed giant, which would offer Intacta seeds at a cheaper price. In exchange, Aprosoja will also drop a lawsuit against Monsanto over soybean royalties from genetically altered soybeans that 85 percent of the countries fields use to increase production.

The lawsuit started in 2010 when Brazilian farmers claimed Monsanto’s right to charge royalties on genetically altered beans known as Roundup Ready has lapsed under Brazilian law, while Monsanto executives believe the patent doesn’t expire until 2014, the same time it does in the United States. Brazil’s Upper Tribunal of Justice ruled in favor of the farmers in February and Monsanto stopped charging royalties, but the farmers want the company to repay those who it did collect since 2010.

A spokesperson for Mato Grosso state’s farm and ranch federation Famato released a statement saying individual farmers would be free to continue the lawsuit is they saw fit, but the two leading farm groups would no longer be a part of it. It will be interesting to see how this agreement will affect international trade and if any farmers decide to keep the fight going, even without the support of larger organizations.