The Code of Conduct (“Code“) of PDK Advogados (“Firm“) summarizes the principles and values that should guide the practice of law and the internal/external activities of its professionals.
Striving for high levels of governance and transparency, all legal services and professional activities are guided by innovation, ethics and integrity.
PDK’s Code of Conduct is a tool for standardizing the criteria and values to be followed, with the aim of ensuring good relations between everyone and increasing the commitment of its professionals to their activities.
PDK’s mission is to transform, through intelligent legal services, the impacts of the 21st century – where new media, technologies and regulations affect the performance of companies and individuals all the time – into less risk, more competitive advantage and better opportunities.
All the members of PDK will work together on this mission, bringing together efforts and solutions for our customers and partners.
In pursuit of our mission and solutions for society as a whole, PDK’s purpose is to be recognized as the most innovative law firm in Brazil, which embraces the creative economy with responsibility and builds a powerful value chain so that Clients, Investors and the Community grow in an ethical, inclusive and sustainable way.
PDK stands out not only for the quality of its services, but also for its values and the involvement of its work teams with innovation and the spirit of Responsible Business, the main pillars for delivering its services and contributions to the entire community.
This Code applies to its partners, employees, associates, interns, trainees (“Members”) or third parties (“Third Parties”), when dealing with all matters concerning the Company.
At PDK, we are committed to ethical, long-term management that promotes more ethical, fair and sustainable social and environmental development.
PDK encourages innovation and entrepreneurship, valuing free thinking, creativity and new ideas, and believes that each professional is capable of contributing to the firm’s long-term strategy.
With an entrepreneurial vision, PDK’s mission is to constantly generate opportunities for its talents, enabling the development of our members’ full potential, the construction of long-term careers and the continuity of the business.
At the same time, the firm promotes a diverse and inclusive environment and ensures that all our professionals have access to the same opportunities.
We therefore understand the importance of these issues and demand from our members a commitment to act with respect for the law, human rights and the environment, and to create and maintain a respectful and honest working environment.
PDK does not tolerate conduct that goes against our values.
Our code of ethics and conduct governs what we say and do in our daily activities, both as individuals and as a team.
PDK promotes the provision of intelligent legal services while encouraging innovation and the development of new products and services based on ethical, sustainable and responsible management.
For us, serving the customer with the utmost excellence and always meeting their expectations in compliance with legislation and regulations is a duty for everyone at PDK.
In this sense, any and all innovation projects developed by PDK members or through partnerships must respect and promote cultural, social, ethnic, racial, gender, sexual orientation and religious diversity, among other forms of diversity, in order to foster an innovative and creative environment.
The presence of diversity encourages the implementation of a culture of innovation and makes the process of embracing it faster and more efficient due to the different perspectives and differences between people.
Innovation is more than a PDK commitment, all members must be committed to innovative and responsible actions.
Therefore, the involvement and development of innovation-oriented projects must be contrary to discrimination and exclusion of people.
In addition, innovation initiatives must respect and preserve the intellectual property of third parties, the privacy and protection of personal data, the confidentiality of the project and the formation of partnerships only with third parties that are aligned with PDK’s ethical principles.
The fundamental principles of action of the PDK and its Members are:
All PDK Members and Third Parties undertake to conduct their activities on the basis of the pillars outlined above.
In addition to the fundamental precepts, Members must respect the following specific ethical principles:
The relationship between PDK’s clients and partners is based primarily on mutual trust, loyalty and good faith in their legal work, based on the parameters set out in the CFOAB Code of Ethics and Discipline.
In this way, PDK Advogados, through its members, is committed to the unequivocal defense of the interests claimed, acting with transparency and the necessary prevention to avoid any conflict of interest between the rights claimed.
PDK, through its Integrity Program and with a view to consolidating transparent relations with its clients, has internal mechanisms for identifying and resolving any conflicts of interest.
Members must conduct their professional activities in such a way as to favor the general interest of the PDK, without overriding personal interests over the collective interest, so that it can achieve its institutional objectives.
The practice of acts (or omissive conduct) by any Member whose purpose is to cause damage to PDK, other Members or clients, or to obtain, for themselves or for others, an advantage to which they are not entitled and which results, or may result, in damage to PDK or to other Members and clients, benefiting them in a particular way, or which has conflicting interests with clients and/or potential clients, is considered abusive.
Harassment is a form of violence that offends fundamental constitutional principles, such as the principle of human dignity and the social value of work.
Sexual harassment is also a crime under the Penal Code.
Harassment has psychological, physical, social and professional consequences for the victim and harms the corporate environment, organizations and the state.
Serious, respected, innovative organizations of all sizes, sectors and cultures see tackling harassment, in any of its forms and classifications (moral, sexual, vertical, horizontal, interpersonal, institutional) as a priority, and are looking for intelligent solutions to create and protect a corporate environment where good practices, respect and appreciation of personal dignity and constitutionally guaranteed fundamental rights prevail, with the aim of keeping it positive and healthy.
These are the basic principles of responsible management.
The commitment to preventing and controlling risks related to harassment is part of the PDK culture.
Regardless of the type of harassment, we strive to build healthy and respectful relationships for society as a whole.
Any information and documents made available by PDK’s clients, or to which Members have had access in the course of their work or in the performance of their professional duties, must be kept confidential.
Even if they are not considered confidential, documents and/or information that could be considered inconvenient will not be disclosed, nor will any and all information and/or data that, by their nature, should be considered confidential.
Confidentiality also implies not discussing client matters outside the professional context.
In all professional situations, Members must adopt a transparent, objective and clear attitude, with the exception of the legal hypotheses of secrecy.
In carrying out their professional activities, whether in the interests of PDK or those it may represent, when dealing with agents representing public bodies, including legal entities controlled by the Government, Members shall do so in a transparent manner, always observing the applicable legislation and the ethical principles set out in this Code, without any form of promise or granting of advantages or privileges.
PDK ensures the quality of its contracts and partnerships, understanding that this relationship is based on the development of co-responsible and complementary actions to meet the needs of its Members.
It will only be allowed to formalize partnerships or hire suppliers and collaborators who operate with ethical standards compatible with those of PDK.
PDK believes that competition should be fair, based on ethical principles and in compliance with the applicable rules and legislation.
Members must always maintain respect for self-employed professionals and their activities, and companies that provide services similar to those provided by PDK.
The application of this Code will be carried out in strict compliance with Law No. 12.846/13 (Anti-Corruption Law), Law No. 8.429/92 (Administrative Improbity Law), Law No. 7.492/86 (Crimes against the Financial System), Law No. 8.666/93 (Public Administration Tenders and Contracts Law), and Decree-Law No. 2.848/40 (Brazilian Penal Code), without prejudice to all other Brazilian and foreign laws, regarding the practice of acts against public administration, anti-corruption and anti-money laundering, being expressly prohibited:
PDK conducts all its relations and the provision of its legal services in a transparent manner, in accordance with the OAB Code of Ethics and the Rules of Procedure, and it is not permitted to offer gifts, presents or entertainment to clients and Third Parties for the purpose of masking a situation of conflict of interest and/or due to self-interest.
The offering of gifts, presents or other forms of delivery to its partners in a symbolic way and on behalf of PDK is not prohibited, but must be practiced in accordance with the values, and may not be used for contractual, financial or own interests.
FOR YOUR EMPLOYEES:
With a view to the respect and maintenance of PDK’s pillars and principals by our Employees, Partners and Associates, violations of the rules will not be permitted and will be punishable by the Compliance Department.
Possible sanctions include:
When applying disciplinary measures, the nature and seriousness of the infraction will be taken into account.
INTEGRITY CHANNEL
PDK provides its employees, third parties, clients and the general public with its Integrity Channel, available via e-mail at compliance@pdka.com.br, to register complaints and suspicious information involving criminal practices, violations of internal rules and policies and attitudes that could result in illicit practices and tarnish the organization’s image.
Integrity channel:
The Integrity Channel is part of PDK’s Compliance program and is one of the main tools for preventing and detecting violations, regardless of who commits them.
Based on information from the Integrity Channel, the Compliance Department undertakes to act with total independence, caution, confidentiality and authority, free from any external or internal influence, in a fair and impartial manner, when investigating and monitoring any infractions committed by Employees or Third Parties.
All complaints or information passed on through the channel are confidential and the complainant may choose to remain anonymous.
The Compliance Committee, upon detecting possible violations or real Conflicts, will act to promptly stop the infractions detected, as well as making every effort to remedy any damage caused.
PDK encourages the use of the Integrity Channel as a way of detecting and preventing any acts that could harm its employees, partners or third parties.
Retaliation against the employee or third party who reported the violation or suspicious acts is expressly forbidden.
Acts of retaliation will give rise to disciplinary action by the company.
PDK, together with its Compliance department and Committee, will go to great lengths to protect employees or third parties who cooperate with the investigation of a possible violation.