On October 20, 2026, the Federal Attorney General’s Office (AGU) filed the first 4 civil asset forfeiture actions under the Legal Framework for Combating Organized Crime in Brazil Act (Law No. 15,358/2026), seeking to transfer to the Federal Government BRL 190.3 million in assets belonging to the PCC and the CV, against 87 defendants. The law is now beginning to be effectively enforced.
What is the civil asset forfeiture action?
Civil asset forfeiture is a standalone action that extinguishes possession, ownership and other rights over the proceeds or benefits of the crimes set out in the law, transferring them to the Government without compensation (art. 12). It is not subject to any statute of limitations, reaches equivalent assets and assets located abroad, and does not depend on a criminal conviction (arts. 12 and 17). Only third parties acting in good faith are protected (art. 13).
Criminal risks for companies under the Anti-Faction Law
The law reaches legal entities through judicial intervention with removal of partners (art. 10), suspension of public contracts, compulsory dissolution and a ban on contracting with the Government for 12 to 15 years (art. 11), inclusion of the company’s CNPJ in a national database (art. 29), and the crime of aiding (art. 3). Logistics, fuels, agribusiness, real estate, financial services and betting are the most exposed sectors.
In light of these criminal risks for companies, compliance becomes the main tool for protecting assets, as well as institutional and reputational interests. Documenting the due diligence measures below is the primary way to demonstrate good faith and preserve assets:
- Enhanced due diligence of third parties, suppliers, customers and partners (KYC/KYP and ultimate beneficial owner);
- Transaction monitoring and structured handling of money laundering red flags;
- Review of contractual clauses and of M&A and asset acquisition transactions, with verification of lawful origin; and
- Whistleblowing channel, training and a response protocol for judicial measures, such as asset freezes and intervention.
Cescon Barrieu’s Compliance & Investigations and Criminal Law teams have been following this matter and advising clients on mitigating these risks.ave been following this matter and advising clients on mitigating these risks.