O acordo de leniência previsto na Lei Anticorrupção: uma análise crítica sobre a forma de aplicação no âmbito do Poder Executivo Federal

Abstract

This term paper presents a brief study of the leniency agreement provided by Law nº 12.846/2013 – Brazilian Anti-Corruption Law. The leniency agreement is a pact signed between the government and an offender agent, aiming his cooperation in investigations and administrative process, in order to exempt or reduce the penalties that could be imposed on him. Its origin goes back to United States legislation, where was used in the antitrust context to combat violations of the economic order, particularly cartels. In Brazil, first emerged in 2000 with the same purpose, subsequently being used in the fight against corruption with the enactment of Law nº 12.846/2013. In the context of this Law, the agreement may only be entered into with organizations, provided there is a favorable outcome for the Public Administration and the offending agent meets the following requirements: (a) be the first to express interest; (b) completely cease his involvement in the offense; (c) admit its involvement in the illicit; and (d) cooperate with the investigation, attending all proceedings when requested. The effects of leniency agreement are diversified, ranging from rules to be respected in the constancy of the agreement and benefits granted to organizations, with its administrative and judicial repercussions. However, in practice, it is observed that the leniency agreement faces some problems, since there are some divergences in the application of the institute between the Brazilian control and investigation agencies. These problems are due to legislative uncertainties caused by failure to adapt the Law to the offenses context, creating obstacles to the attractiveness of the agreement and lack of integration among the responsible agencies. Therefore, it is essential a change in the Law to improve the effectiveness of leniency agreement as anti-corruption tool.