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Thiago Sombra

Thiago Sombra

Experience

Thiago’s practice focuses on technology, compliance and public law, particularly in regard to anti-corruption investigations conducted by public authorities and regulators, data protection, cybersecurity and digital platforms. He also advises clients on administrative law issues with a focus on infrastructure, assisting with contracting state-owned companies, administrative sanctioning procedures, concessions, public tenders, and administrative contracts in general. 

 

Thiago is a member of the International Association of Privacy Professionals (IAPP), the Global Digital Economy Committee of the International Chamber of Commerce (ICC), the Technology Committee of the British Chamber of Commerce and the Brazil-Canada Chamber of Commerce. He is also a member of the Federal Senate’s Commission of Jurists for drafting a bill on artificial intelligence and is CIPP/Europe-certified by the International Association of Privacy Professionals. 

 

A law professor at the Universidade de Brasília (UnB), Thiago has also authored books including Fundamentos da Regulação da Privacidade e Proteção de Dados Pessoais (2019), Adimplemento Substancial e Cooperação do Credor (2011), and Eficácia dos Direitos Fundamentais nas Relações Privadas (2010).

 

Thiago also has a background working in the public sector, both as a prosecutor for the State of São Paulo and as an advisor to a judge in Brazil’s Federal Supreme Court (STJ).

Education

Bachelor of Laws – Centro Universitário de Brasília

Master’s in Private Law – Pontifícia Universidade Católica (PUC-SP)

Doctorate in Law, Technology and Regulation – Universidade de Brasília (UnB)

Post-Doctoral Fellow in Anti-Corruption – Universidade de São Paulo (UsP)

Specialization in Cyberlaw, focusing on privacy protection and data protection – London School of Economics 

Postgraduate Degree in Private Law – Università degli Studi di Camerino, Italy

Leadership Executive Program – Singularity University

Recognitions

Análise Advocacia 500 – Regulatory (2019), Telecommunications (2019), Automotive and Auto Parts (2019-2020), Compliance (2019-2021), Banking (2021), Financial (2021), Concessions (2020-2021), Digital (2019-2021), Education (2020), Energy (2020), Health Plan (2020), Insurance (2020), Rubber and Plastics (2020), Technology (2020-2021), Trade (2020), and Federal District (2020-2021)

Chambers Brazil (formerly Chambers Latin America): Technology (2019-2021) and Data Protection (2021)

CIPP/Europe certification – International Association of Privacy Professionals (data)

Global Data Review – 40 Under 40 (2018, 2020)

Global Investigations Review – 40 Under 40 (2020)

Latin Lawyer 250 – Anti-corruption investigations and Compliance; Administrative Law; Data, Technology and Privacy Law (2020-2021) and Telecoms & Media (2021)

Leaders League – Public Law (2020-2021), Data Protection (2018 and 2021), Technology (2018 and 2021), Telecommunications law (2021) and Compliance (2021)

The Legal 500 – Public Law (2018-2019), Compliance (2019), TMT: Cybersecurity and Data Privacy (2018-2022) and Energy and Natural Resources: Electricity (2018)

Who’s Who Legal Brazil – Administrative litigation; Data (2018, 2020-2021)

Who’s Who Legal Global – Data Privacy and Protection (2020-2021), Information Technology and Investigations (2021)

Who’s Who Legal Thought Leaders – Brazil (2020) and Brazil – Data (2021)

Único. The Mattos Filho news portal

Authored publications

Mattos Filho in the media

With Thiago Sombra

Brazilian Government creates Selo Infra+Integridade (Infra+Integrity Seal of Recognition) for companies in the land transportation sector

​The Brazilian Ministry of Infrastructure launched, through Ordinance No. 102/2020, the Infra+Integrity Seal of Recognition, aimed at recognizing good compliance practices of companies in the land transportation sector that have worked in large projects for the Public Administration in the last five years.

The Seal considers large projects as those involving an initial expenditure estimate of over BRL 82.5 million. To earn the Seal, companies must demonstrate that they have good governance practices, including integrity, ethics, transparency, compliance, social responsibility, sustainability, and prevention of fraud and corruption.

The evaluation to earn the Seal was divided into three parameters, which will be evaluated upon the submission of the following documents:

 

Parameter Documentation
Integrity Compliance program report showing its existence and application
Code of ethics or conduct approved and published on the company’s website
Proof of an available and operating whistleblowing channel
Proof of the participation of managers and employees in training related to the compliance program in the last two years
Evidence of the existence of a function or department responsible for the compliance program
Signing of the Business Pact for Integrity and Against Corruption, promoted by the Instituto Ethos (Ethos Institute)
No records on the Brazilian Registry of Punished Companies – CNEP
Social Responsibility No records on the Brazilian List of Slave Labor or Work Analogous to Slavery
No records on the Brazilian List of Labor Violations related to child labor of the Department of Labor Inspection – SIT
Sustainability Certificate of non-involvement in environmental crimes before federal and state courts of Brazil, issued where the company is headquartered and in other states where it has active subsidiaries
No records on environmental violations before the Brazilian Institute of Environment and Renewable Natural Resources – IBAMA
Environmental Management System Certificate, according to the NBR ISO 14.001 standards, as amended

 

Companies interested in earning the Seal must register between February 1st and April 30 of each year. The first edition will be in 2021 and the registration starts with the submission of a Registration Questionnaire available online.

If granted the Seal, the company will have its name published on the website of the Ministry of Infrastructure and other means of communication and will earn the right to use the Seal in products, packaging, documents, websites, advertising, folders, plates, vehicles, etc, for one year, counted from the date of the award.

For more information about the initiative, learn about Mattos Filho’s Compliance and Infrastructure practices.

Areas of expertise

MPF issues favorable guidelines to the adhesion of individuals to leniency agreements

​The 5th Chamber for Coordination and Review of the Brazilian Federal Prosecution Office (5th CCR) has issued a technical note in defense of the adhesion of individuals to leniency agreements entered by companies. Although not binding, the document seeks to guide the work of federal prosecutors and provide greater legal certainty to individuals.

According to the technical note, the need to establish guidelines on the subject stems from limitations imposed by the Brazilian Anti-Corruption Law (Law No. 12,846/2013), which made leniency agreements available only to companies, except in case of corporate veil lifting (article 14). The 5th CCR states that allowing individuals to adhere to these agreements helps to standardize the civil and criminal activities of the Brazilian Federal Prosecution Office (MPF) in combating corruption.

Another measure defended by the 5th CCR to standardize leniency agreements concerns the concentration of investigations in a single prosecutor, even if the relevant facts occurred in different locations. The 5th CCR argues that, with respect to the constitutional principle of unity of the MPF, an agreement that was executed and approved must be observed by the other members of the institution, who should not challenge its validity and effectiveness.

The document highlights that illegal acts covered by leniency agreements entered with companies are necessarily committed by individuals (such as shareholders, executives, employees, representatives or contractors), and allowing them to participate in the negotiation process may significantly increase the understanding of the facts and leverage investigative activities.

Regarding the legal possibility of extending agreements to individuals, the 5th CCR explains that, although there is no express legal provision, it meets the legal objectives set out in the Brazilian Anti-Corruption Law, which is corroborated by the amendments introduced by the Anti-Crime Package (Law No. 13,964/2019) that created the Civil Non-Persecution Agreement and amended the Administrative Improbity Law (Law No. 8,429/1992). The 5th CCR also points out that the topic has already been the subject of the MPF’s Guidelines No. 7/2017 and No. 01/2018, the latter published jointly with the 2nd Chamber for Coordination and Review, as well as presents information on agreements already approved by the 5th CCR that provided for the adhesion of individuals.

Finally, the 5th CCR emphasized that the non-extension of the leniency agreement to individuals represents an obstacle to the efficiency and development of investigations. On the other hand, among the risks involved, the 5th CCR highlights the potential conflict of interest between legal entities and individuals who have committed the illegal acts, by not finding express provision of law to integrate the same process of negotiation and collaboration with the authorities.

The full technical note is available on the MPF’s website.

Areas of expertise

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