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Code of Ethics and Conduct 
Pacheco Martins Advogados 

 

Description

 

The PACHECO MARTINS I ADVOGADOS Law Firm was created precisely because of the feeling that it is the criminal lawyer's responsibility not to accept the practice of criminal acts or offenses against probity, especially in the relationship with public agents and constituted authorities, with the intention of the firm to be a reference in the formation of a new generation of professionals who have as a basis and guide a solid formation based on ethics, governance and honesty in the provision of services.

 

This is why it does not condone and fight all forms of corruption .

The purpose of this regulation is precisely to adapt and regulate the conduct of partners, collaborators, employees and service providers of PACHECO MARTINS I ADVOGADOS, in particular with regard to relations with public officials, to the anti-corruption rules in force in national scenarios and internationally, as well as in relations with the assets of its clients.

 

They are part of the guidelines of PACHECO MARTINS I ADVOGADOS  the precepts contained in Law nº 12.846/13, in the US Foreign Corrupt Practices Act – FCPA, in the Anti-Corruption Convention of the Organization for Economic Cooperation and Development and in the Criminal Convention on Corruption of the Council of Europe.

For this reason, it is essential that all PACHECO MARTINS I ADVOGADOS Collaborators are aware of the guidelines contained in these standards, in order not to incur any act of public or private corruption.

 

Target Audience

 

The rules set out here are intended for all Collaborators, being those who carry out any type of activity at PACHECO MARTINS I ADVOGADOS, whether they are members of the membership, equity partners, associates, employees, service providers, whether habitual or sporadic, including correspondents, must be observed especially in direct or indirect dealings with public officials, as well as those who fit the definition contained in this Anti-Corruption Policy, as well as in dealing with clients' assets.

 

 

Presets

 

  1. Public agent

 

It is the individual who works in a position, job or public function, national or foreign, even if temporarily and without remuneration, as well as the one who has the prospect of being so and in this quality relate to the individuals listed in the "Target Audience" of this Policy .

 

 

 2. Corruption

 

The concept of corruption, for the purposes of this Policy, is broader than that contained in criminal legislation, and means: the willful conduct of giving or offering an advantage of any nature to a public official or intermediary, in exchange for facilitations or advantages of any nature to the Firm, professionals, its clients or the performance of activities by PACHECO MARTINS I ADVOGADOS, as well as those conducts that comply with the provisions of Law No. 12,486/13.

 

 3. Customer

 

It is any individual and legal entity for which PACHECO MARTINS I ADVOGADOS provides, has provided or is in the process of providing legal services.

Rules of Conduct

Employees must follow the following anti-corruption rules:

1. Not to practice any act of corruption, as defined in this Policy;

2. Participate in bidding or competition whenever contracting with the Public Administration, except in cases of waiver/unenforceability;

3. Never offer an advantage to a public official or an intermediary, not even agree to any request, in order to obtain advantages of any nature;

4. Deny peremptorily requests for advantages described in item 3, leaving no doubt about it, by public officials, by intermediaries or even by individuals with the aim of harming the property interests of PACHECO MARTINS I ADVOGADOS clients;

5. Do not offer gifts to public servants or employees of clients, except for gifts of low or negligible market value (maximum of 15% of the current minimum wage), preferably containing the PACHECO MARTINS I ADVOGADOS logo;

6. Submit and cooperate with internal audits and investigations whenever requested;

7. Communicate, through the appropriate channel, the acts of corruption of which it becomes aware in the professional activity that occurred in the provision of services by the other Employees;

8. Be transparent with the client at all times and avoid any situation of conflict of interest, fulfilling the Collaborator's responsibility to ensure the proper allocation of resources that will generate any financial impact to the Client;

9. Report to the Customer the exact amount of expenses incurred, for reimbursement purposes, avoiding obtaining any undue advantage;

10. Not to practice, as well as reject any act of private corruption;

11. Take care of the professional image of the Firm and the Client, at all times.

Internal Investigation

 

PACHECO MARTINS I ADVOGADOS, upon becoming aware of indications of the practices prohibited in this Policy, except for strictly professional activities and in accordance with the statute of law, will initiate a formal procedure to investigate the irregularity.

This procedure will be chaired by one of the managing partners of PACHECO MARTINS I ADVOGADOS and may or may not count on the collaboration of Collaborators or persons and entities specialized in sensitive research topics.

The confidentiality of investigations will also be ensured, in order to obtain effective results.

If the author is identified, the suspect will be granted the right to present a defense, so that, in the end, the president of the procedure may decide whether or not to apply the sanctions contained in this Policy.

At the end of the procedure, a report of the activities will be prepared, containing the investigations undertaken, the results obtained and the final decision, which may eventually be communicated to the authorities or be used in legal proceedings.

 

Whistleblower Channel

 

The knowledge of evidence of violations of the rules contained in this Policy may be reported, by the Collaborator who becomes aware, directly to the partners of the Firm or through the following channels:

-Email: etica@pachecomartins.com.br

 

- Own form on the website www.pachecomartins.com.br/canaldenuncia

 

These same channels must be contacted in case of doubts, on the part of the Collaborator, regarding the correct conduct to be adopted in the specific case, guaranteeing the confidentiality of the identity of the whistleblower.

sanctions

The Employee who engages in the practices prohibited in this Policy will be subject to all penalties provided for by the laws in force in the country, as well as internal sanctions, such as:

1. verbal warning;

2. written warning;

3. suspension;

4. contractual termination;

5. exclusion from the corporate structure;

6. dismissal for just cause; and

7. fine.

 

Accounting Obligations, Labor Relations and Human Rights

 

PACHECO MARTINS I ADVOGADOS undertakes to maintain accounting records for the time determined by law, accurately reflecting the financial transactions carried out by the Firm. Therefore, the entry that seeks, artificially, to cover up illegal movements or operations of any nature, is prohibited.

 

The firm undertakes to keep all certificates proving the absence of tax debts up to date, as well as not to practice any act that threatens labor relations or any act that is offensive to human dignity.

The whistleblower channel may also be used by Collaborators to report acts of moral, psychological or any other type of harassment that any party related to PACHECO MARTINS I ADVOGADOS is the author or victim.

Policies for Inclusion and Combating All Forms of Discrimination.

PACHECO MARTINS I ADVOGADOS and all its collaborators undertake not to practice, but especially to fight any form of discrimination, including, but not limited to, race, color, social class, gender and sexual orientation.

To the extent possible and progressively, the office will support and implement affirmative and inclusion policies and actions aimed at reducing inequalities in the labor market .

The practice of any act of harassment by any employee, employee or service provider will be the subject of an investigation in which the sanctions provided for in this Code may be applied.

Final dispositions

The omission of this Policy regarding any concept or rules of conduct will be supplied punctually, by consultation to be carried out with the managing partners of PACHECO MARTINS I ADVOGADOS, by email or physically, and will be answered within the period of 05 (five ) working days.