Brazilian Antitrust Authority (CADE) Has Launched A New Guide For Search And Seizure Procedures

The investigative body (the General Superintendence) of the Brazilian Antitrust Authority (CADE) has launched a general guide for civil search and seizure procedures relevant to the antitrust policy.

The document, named "Diligence of Civil Search and Seizure: general information on operationalization", is divided into four topics correspondent to the main phases of this type of operation: (i) Case Validation; (ii) Preparation; (iii) Deflagration; and (iv) Seizure Consolidation.

The Case Validation chapter brings the minimum necessary requirements for the General Superintendence and CADE's Prosecution Office to evaluate if there is enough indication of a wrongdoing able to support a request for the Judiciary to grant an injunction allowing the search and seizure procedures against the investigated party.

The preparation of the search and seizure procedure includes all the activities performed, from the decision making of its implementation to the order of displacement of the teams to the targets, passing through the activities of planning, precautionary action proposal and resources and teams mobilization.

The outbreak of the search and seizure procedure is the central moment of the activity, during which the officers of justice, CADE's servers and the police force comply with the terms of the warrant issued by the competent court.

The consolidation of the seizure is the final step of the procedure. It culminates with a copy of the materials seized for analysis, to be made by the instructional areas, as well as the return of the original materials to the...