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It is only in the last ten years that incentives for whistleblowing have gained steam in Brazil. This has resulted from factors such as the recognition of plea bargaining (
delação premiada) in Law Nº 12,850 of 2013 and the initiation, in 2014, of Operation Car Wash, the most extensive corruption investigation in the history of Brazil.
In 2020, the National Strategy to Combat Corruption and Money Laundering (
ENCCLA) also recommended the creation of effective reporting channels “with the goal of fostering a permanent culture of trust in the efficiency and integrity of public institutions.”
The statutory framework created with the passage of Law Nº 13,608 of 2018 (which provided for a telephone hotline service) and the amendments to it contained in Law Nº 13.964 of 2019 (which improved criminal law and procedure) finally established the tripod that supports whistleblower incentivization, namely: (i) reporting channels, (ii) secrecy and protection and (iii) reward.