/ New Economic Crimes and Their Impact on Criminal Prevention Models

Bárbara Silva
Associate Alessandri

On September 29, 2025, Law No. 21,770 was published in the Official Gazette, establishing a general framework for sectoral authorizations and amending various legal texts, including Law No. 21,595 on economic crimes and Law No. 20,393 on the criminal liability of legal entities.

This new regulation not only aims to modernize and streamline administrative procedures but also introduces new criminal offenses that must be considered in crime prevention models. In particular, it incorporates behaviors that, being linked to sectoral authorization processes, may generate corporate criminal liability.

Key updates include:

Second-category crimes
The following offenses are added to the criminal catalog:

• Submitting false or incomplete information in sworn statements or notices to obtain an authorization.
• Issuing false certifications or reports by recognized professionals.
• Willfully submitting falsified technical documents to sectoral authorities.

Third-category crime
A new offense is defined for breaching the duty of confidentiality by officials of the new Office of Sectoral Authorizations and Investment, when they improperly disclose or use non-public information obtained in the course of their duties.

Additionally, a technical omission caused by Law No. 21,673 is corrected, reinstating the reference to crimes involving fraudulent use of cards and malicious obtaining of undue refunds, as contained in Law No. 20,009, as part of the base crime catalog.

These changes broaden the spectrum of criminal risks for organizations, especially those that manage permits or authorizations before public agencies. The involvement of external professionals in the preparation of technical reports also takes on a new dimension of risk, as it is now expressly regulated.

Recommendations:

• Review internal processes related to obtaining sectoral authorizations.
• Assess the organization’s exposure to the newly incorporated crimes.
• Update the Crime Prevention Model, incorporating specific controls to mitigate these risks.
• Train the relevant areas, including external professionals who collaborate in certification or technical reporting processes.

The immediate entry into force of this law requires a swift response from organizations. Timely adaptation of compliance models will be key to avoiding criminal contingencies and strengthening a culture of corporate integrity.