Advocacia Lunardelli, in its more than twenty years of existence, has always acted in compliance with the principles dictated for the exercise of its profession, established by the Brazilian Bar Association, being recognized by its partners, interns, employees and clients as an example of conduct ethics, transparency, loyalty and good faith.
In order to consolidate the ethical and moral precepts, which guide their professional conduct, we decided to edit this “Code of Ethics and Conduct”, especially after the enactment of Law # 12.846/2013 (Anti-Corruption Law) and its regulation, made by the Decree # 8.420/2015, which deal with the practice of acts harmful to the Public Administration, national and foreign.
This Code is unconditionally adhered to by all members of our team, as partners, interns and employees, as well as those who act directly or indirectly on our behalf, such as corresponding lawyers, consultants, suppliers and service providers, hereafter referred to as Third Parties, and its objective is to show our clients, public authorities and stakeholders, our rules of professional performance.
Considering the organizational structure and the level of interaction with the Public Administration, any doubts, suggestions for improvements, misconduct and violations of the rules published herein may be reported directly to us, through the “Direct Channel”, in which anonymity and confidentiality will be guaranteed.
In this way, it will be ensured that the conduct of these matters will be carried out impartially and disciplinary actions, if applicable, will be duly applied, from the termination of the employment contract of employees, as well as service providers, even the exclusion of society, in addition to civil and criminal implications.
Pedro Guilherme Accorsi Lunardelli
1. Scope of Code
The Code of Ethics and Conduct applies equally to all partners, interns, employees and Third Parties who act, directly or indirectly, on behalf of the office, with the Public Administration and government employees.
2. Guiding Principles
Advocacia Lunardelli respects and undertakes to promote, among its partners, interns, employees and third parties, human rights and fair labor practices, conducting its business in full compliance with current legislation.
As guiding principles of its conduct, it is subject to the dictates of the Universal Declaration of Human Rights and international conventions, treaties or initiatives, such as the United Nations Global Compact, for offering guidelines for the promotion of sustainable growth and respect for citizenship.
In this sense, it declares its commitment to:
3. Team Responsibility
The Advocacia Lunardelli team, comprised of partners, interns and employees, promises to fulfill the following commitments:
4. Responsibility of Managing Partners
The managing partner has an important role in engaging and disseminating the values established by this Code, through example and practical actions, and they are responsible for:
5. Conflict of Interests
Lunardelli Advocacia conducts its business with honesty and integrity and, in order to guarantee impartiality in decision processes or the occurrence of actions conflicting with the interests and values of its firm, undertakes to adopt measures to ensure that particular aspirations do not influence, directly or indirectly, your way of hiring.
In this way, your team is committed to:
6. Conduct with Third Parties
Advocacia Lunardelli understands that, in order to maintain good relations with Third Parties, it must maintain fair and clear negotiations, as well as align their standards of conduct with those practiced in its office, in order to guarantee the quality of services provided to its clients.
Based on these precepts, it undertakes to:
7. Corruption and Bribery
Advocacia Lunardelli complies with the provisions of the Anti-Corruption Law (Law # 12.846/2013, regulated by Decree # 8.420/2015), is aware of the US law “Foreign Corrupt Practices Act” and its amendments (“FCPA”), as well as other applicable anti-corruption laws, and acts with transparency and respect in all of its interactions with public officials.
It repudiates the practice of corruption or bribery, whether actively or passively, for acts, omissions, creation or maintenance of situations of favoritism through facilitation payments or other form of irregularity.
In this sense, its team undertakes not to offer, promise or give, directly or indirectly, anything of value, with the objective of obtaining undue advantage or influencing the conduct of a public official or government official.
Such advantage is not limited to payment in cash, and this understanding may include gifts, meals, transportation and travel, hospitality expenses, job offers, business opportunities, among others.
Regarding the investigation or inspection activity of public bodies, entities or agents, including within the scope of regulatory agencies and inspection bodies, the office and its team undertake to act impartially, avoiding any action that, directly or indirectly, has influence fraudulent, coercive, manipulative or misleading.
It is important to note that no member of your team, as well as any of the Third Parties hired, is or was a public official, employee of a political party or candidate for political office, as well as does not have a close relationship with any public official, political party, employee of a political party or candidate for political office.
The firm further declares that any of its partners, interns, employees or Third Parties has been or is the object of an internal, governmental or regulatory agency investigation involving a case of bribery or corruption, has neither been dismissed nor had the provision of its services discontinued for any of these reasons.
It also clarifies that it does not engage in political party activities, nor does it make donations to candidates or political parties.
Any initiative by members of your team or Third Parties in this regard will be restricted to their personal activities, outside the work environment and the provision of services.
8. Assets and Heritage
The goods and assets of Advocacia Lunardelli, made available to partners, interns and employees, must be used carefully, so that everyone takes care of their conservation, protecting them against damage, loss and waste.
In this sense, the team is committed to:
9. Environment and Sustainability
Advocacia Lunardelli considers it important to include the concept of sustainability among its team members, as well as with outsourced Third Parties, always adopting a preventive approach to environmental challenges.
In this sense, it encourages the development and dissemination of environmentally sustainable technologies, through good social and environmental practices.
Everyone must recognize and respect the office’s sustainable development actions and programs, such as recycling, rational use of resources such as water and electricity, proper waste management, in accordance with current legislation, as well as any other institutional and legal determination that aims reducing damage to the environment, as well as contributing to the economic and social development of the community where it operates.
10. Accuracy of Accounting and Financial Controls
Advocacia Lunardelli has clear, accurate and prepared bookkeeping in accordance with accounting principles and current legislation, supported by documentation adequate to its activities.
It emphasizes that it does not agree with any modification in its accounting and financial records that are intended for fraud or manipulation, preserving its financial information with full responsibility.
11. Violations of the Code of Ethics and Conduct
It is the responsibility of all team members and Third Parties to report any misconduct and/or suspected violation of the principles defined in this Code, regardless of the position they hold in the office or the commercial relationship with it, and the omission of possible violations will be considered unethical conduct.
The communication of violations or information of evidence of irregularities must be directed to the “Direct Channel”, emphasizing that all information received will be treated with confidentiality and secrecy, including regarding the identity of the reporter, repudiating any form of retaliation.
Proven violations will result in disciplinary actions, supported by current legislation and, depending on the seriousness of the situation, may result in termination of the employment contract, termination of the provision of services or exclusion from society, in addition to civil and criminal implications, such as fines, restitution of amounts obtained illegally and any other applicable.
Administrative and judicial sanctions may be applied to violating legal entities, in addition to payment of fines, in accordance with the Anti-Corruption Law.
12. Direct Channel
The “Direct Channel” is the means offered for safe and confidential communication, made available by Advocacia Lunardelli to all members of its team, third parties, clients and relationship public, in which the opportunity to contribute to the maintenance of an environment of ethical, safe and quality work.
The content of the Code of Ethics and Conduct is freely accessible to all and printed copies and guidelines are transmitted to all team members and Third Parties, in a clear and precise manner, so that there are no doubts about its content.
Through the “Direct Channel” it is possible to send questions, as well as recommend improvements in the work environment and safety of the team, reports of possible conflicts of interest and conduct contrary to the guiding principles.
Suggestions, doubts and reports will be investigated in a confidential manner, preserving the identity of the reporter, guaranteeing the same protection against any type of retaliation.
It is important to emphasize that the reporter, when making a communication to the “Direct Channel”, has the duty to monitor the progress of the same, answering the questions that are made, providing complete and accurate information.
The managing partner, responsible for managing the Code, is identified below:
Pedro Guilherme Accorsi Lunardelli
E-mail – email@example.com
Telephone – 11-4095-4700
Address – Rua Samuel Morse, 134 – conj. 172 – São Paulo – SP
13. Validity of the Code of Ethics and Conduct
This Code comes into force on the date of its publication and may be revised at any time, at the discretion of the partners and/or the emergence of conflict of interest situations.
São Paulo, Tuesday, October 7, 2008.