On January 16, 2026, the new sanctioning regime applicable to entities supervised by the Superintendence of Private Insurance (“SUSEP”) came into force, established by Complementary Law No. 213/2025 (“LC 213/2025”).
LC 213/2025 represents a milestone in strengthening SUSEP’s institutional role, granting expanded powers to supervise and regulate the entities under its jurisdiction through its new sanctioning regime.
The main changes include (i) a 3,500 % increase in fine amounts, which may reach up to BRL 35,000,000 (thirty-five million reais); (ii) the express provision for the application of daily fines; (iii) stricter penalties in cases of recidivism, with fines of up to three times the amount BRL 35,000,000.00 (thirty-five million reais); and (iv) the imposition of joint liability on directors, officers, managers, and auditors of entities supervised by SUSEP, who will be jointly liable with the entities for damages caused to third parties, including shareholders, arising from non-compliance with applicable regulations.
From the perspective of anti-money laundering and counter-terrorism financing (“AML/CFT”), the new sanctioning regime directly dialogues with already consolidated regulations, such as SUSEP Circular No. 612/2020, focused on AML/CFT, and Brazilian Private Insurance Council (“CNSP”) Resolution No. 416/2021, which addresses internal controls, risk management, and internal auditing. This interaction enhances the severity of the sanctions applied in cases of non-compliance with these regulations.
Therefore, this new scenario amplifies the need for supervised entities to adhere legislation and regulations related to anti-corruption and money laundering, further highlighting the importance of implementing a robust compliance program under continuous monitoring, aligned with applicable legislation, as well as market best practices. For more information, please contact Saud Advogados.