This Compliance Policy sets out the principles and rules of conduct that guide Oliveira & Jacobovitz Advogados, registered under CNPJ No. 37.225.391/0001-52, in its dealings with clients, colleagues, authorities, suppliers and society at large. It complements, and does not replace, the duties established by the Statute of the Legal Profession and the Brazilian Bar Association (Law No. 8,906/1994), the OAB Code of Ethics and Discipline and applicable law.
1. Scope
This policy applies to partners, lawyers, interns and support staff and, where relevant, to local counsel, service providers and partners acting on behalf of the firm.
2. Principles
- Integrity: act honestly and in good faith in every professional relationship.
- Legality: comply with the law, the rules of the OAB and the rules of the regulators the firm deals with.
- Professional independence: advise clients on the basis of legal analysis, without yielding to pressure or to interests unrelated to the case.
- Transparency: explain risks, possibilities and costs clearly, without promising outcomes.
- Confidentiality: protect the information received in the practice of law.
- Accountability: record relevant decisions and answer for one's own actions.
3. Ethical conduct and the OAB Code of Ethics
Everyone at the firm observes the Statute of the Legal Profession and the OAB Code of Ethics and Discipline. Among other duties, this includes:
- acting with loyalty to the client and courtesy towards the opposing party, colleagues, judges and court staff;
- never promising an outcome or guaranteeing success in any matter;
- keeping all advertising purely informative, discreet and sober, in accordance with Provision No. 205/2021 of the OAB Federal Council, with no improper solicitation of clients;
- formalizing engagements in writing, with a defined scope and fees;
- refusing to advise on or take part in any act known to be unlawful, fraudulent or contrary to professional ethics.
4. Anti-corruption
The firm does not tolerate corruption in any form, active or passive, involving public officials or private parties. In line with the Brazilian Clean Company Act (Law No. 12,846/2013) and Decree No. 11,129/2022, it is forbidden to:
- promise, offer or give, directly or indirectly, any undue advantage to a public official or to a person related to them;
- use third parties, such as local counsel, consultants or dispatchers, to conceal or facilitate an improper payment;
- defraud, frustrate or manipulate public tenders and government contracts;
- obstruct investigations or inspections by public bodies, entities or officials;
- make payments to speed up acts that are already a public official's duty.
All interactions with authorities and public servants on behalf of clients take place through official channels and are recorded in the case file. Expenses paid on behalf of clients, such as court costs and fees, are documented and fully accounted for.
5. Conflicts of interest
Before accepting a new matter, the firm checks for conflicts with current or former clients, with the opposing party or with the interests of its own members. If there is a conflict, the matter is declined. If a conflict arises during an engagement, the firm takes the steps set out in the OAB Code of Ethics and Discipline, preserving the confidentiality of everyone involved.
Members of the firm must inform the partners of any personal, family, corporate or financial situation that could compromise their independence in a matter, and step away from it when necessary. The firm does not represent clients with opposing interests in the same matter.
6. Professional secrecy
Professional secrecy is both a duty of the lawyer and a right of the client, protected by the Statute of the Legal Profession and the OAB Code of Ethics and Discipline. Information received in the practice of law is used solely for the purpose of the engagement and is not shared with third parties, except with the client's authorization or in the cases provided for by law and by ethical rules.
- access to documents and systems is restricted to those working on the matter;
- members, interns and service providers undertake confidentiality obligations;
- the duty of secrecy continues after the engagement ends and after a member leaves the firm.
7. Personal data protection
The processing of personal data follows the Brazilian General Data Protection Law (LGPD, Law No. 13,709/2018). We process only the data needed for each purpose, on an appropriate legal basis, for the time required and with security measures suited to the nature of the information. Sensitive data, such as health information, receives reinforced care and even more restricted access.
The rules that apply to data collected through the website are set out in the Privacy Policy. Requests from data subjects and communications about data protection may be sent to contato@oj.adv.br.
8. Third parties
Local counsel, experts, consultants, suppliers and partners are chosen on technical and reputational criteria, with checks proportionate to the risk of the activity. Whenever possible, engagements are formalized in writing, with confidentiality, data protection and compliance clauses.
The firm does not hire third parties to do what its own members are forbidden to do, and it ends the relationship with anyone who breaches these rules.
9. Gifts and hospitality
Gifts, meals and invitations may be offered or accepted only when they are occasional, modest in value, appropriate to the professional relationship and given with no expectation of anything in return. In every case:
- offering or accepting cash or cash equivalents, such as vouchers and prepaid cards, is forbidden;
- offering gifts, hospitality or advantages to public officials is forbidden, except for institutional items of no commercial value distributed generally;
- nothing is offered or accepted during a negotiation, tender, inspection or pending decision involving the giver or the recipient;
- when in doubt, members consult the partners before offering or accepting anything.
10. Reporting channel
Anyone, whether or not they belong to the firm, may report a suspected breach of this policy, the law or ethical rules by writing to contato@oj.adv.br with the subject line "Compliance report".
- reports are handled confidentially, and the identity of the person reporting is protected whenever requested, within the limits of the law;
- any form of retaliation against someone who reports in good faith is forbidden, even if the suspicion is not confirmed;
- each report is reviewed by the partners or by a person they designate who is not involved in the facts;
- the person who reported is informed when the review is concluded, subject to professional secrecy and the privacy of those involved.
11. Consequences of non-compliance
Proven breaches of this policy lead to measures proportionate to their seriousness, which may include guidance, a formal warning, dismissal and termination of contracts with third parties, without prejudice to reporting to the competent authorities and to the OAB where required. Reports made in bad faith, with the intent to harm someone, are also subject to these measures.
12. Review of this policy
The partners review this policy periodically and whenever a change in the law, in regulation or in the firm's activities calls for an update. The date of the current version appears at the top of this page. Questions about how these rules apply may be sent to contato@oj.adv.br.