Os contornos do acordo de leniência após a Medida Provisória n° 703/15: promessa de sucesso ou cenário de incertezas

Abstract

The present article examines relevant aspects of the business anti corruption act, focusing in the investigation of the leniency agreements set forth by this law, mainly after the release of the provisional measure nº 703/2015. The goal is to identify the contribution of this law to the Brazilian judiciary system, considering the stipulated civil liability of legal entities whose actions harm the Public Administration. It is also provided a critical exam on the penalties imposed to legal entities considered guilty and the possibility of penalty reduction or exemption by virtue of leniency agreements. It stresses the non mandatory-participation of the Attorney General’s Office and the Advocacy-General of the Union in the execution of leniency agreements. Lastly, the legal certainty for the signatory is discussed.