CADE clears new Resolution on consensual solutions and fines

On 13 May, the Administrative Council for Economic Defense (CADE) cleared the new Resolution 38/2026, which establishes guidelines for the governance of consensual solutions and procedures for payment and collection of fines.

The aim is to regulate the implementation of agreements for unfulfilled obligations and the rules for the payment of fines for antitrust violations, mergers, and ancillary sanctions. It applies to CADE’s decisions until they are referred to the Office of the Prosecutor General of Brazil's Litigation Department for collection.

Check the new guidelines on Resolution 38/2026 below:

· Governance for consensual solutions of litigated cases

· Negotiations to reach mutually agreed-upon solutions for obligations subject to litigation is a prerogative of CADE, when it is considered timely and suitable.

· These transactions are to be discussed by a commission formed by the Tribunal, the Office of the Superintendent General (SG), and the Office of the Attorney General at CADE.

· Cash payment and incentives

· Now the deadline for paying fines is 60 days after the final decision, which represents an extension of the 30-day period currently applied under CADE’s case law. The goal is to offer more time to companies and individuals, so they can make financial arrangements for voluntary payment, or payment in instalments, thereby reducing the incentive to immediately seek legal action.

· There is a 10% reduction in the fine for debtors who pay the full amount up front, provided that they acknowledge the debt, and expressly abdicate their right to appeal the decision.

· Administrative instalment plan for debts

· Fines may be paid in up to 60 monthly instalments through an administrative payment plan.

· The minimum instalment amount is BRL 3 thousand for companies and BRL 1 thousand for individuals.

· The payment of the first instalment prior to filing and a waiver of administrative or judicial remedies is required to get this modality of payment plan.

· Financial charges and late payment

· The Resolution specifies rules already provided for in the law regarding the adjustment of fines based on the SELIC rate, effective the month following the final decision.

· In case of non-compliance, a late payment penalty of 0.33% per day will be imposed, limited to 20%, calculated on the principal amount from the date the payment is overdue.

· Civil liability and the piercing of the corporate veil

· The Resolution sets forth the rules established in Law 12529/2011 regarding joint and several liability, as well as the piercing of the corporate veil.

· Managers and companies within the same business group may be held jointly and severally liable for the fines imposed.

· CADE may disregard legal entity in cases of abuse of rights, violation of the law, or bankruptcy caused by mismanagement, extending the financial penalties to partners and directors.