Leniency Program in the Anti-Corruption Law

Posted: 31 Aug 2018 Last revised: 10 Sep 2018

See all articles by Fabiano Teodoro Lara

Fabiano Teodoro Lara

Faculdade de Direito da UFMG - UFMG Faculty of Law (Brazil); affiliation not provided to SSRN

Reinaldo Diogo Luz

Federal University of Minas Gerais (UFMG) - Faculdade de Direito

Date Written: August 23, 2018

Abstract

The paper examines the leniency program in the Brazilian Anti-Corruption Law, from a comparative and empirical perspective. Leniency programs, understood as a set of standards that allow offenders to avoid or reduce the punishments they would receive in exchange for confession and collaboration during the assessment process conducted by the competent authorities, are adopted in foreign legal systems since 1978. The recently adopted leniency program in Brazilian anti-corruption law (Law No. 12,846 / 2013) shows significant distinctions of antitrust leniency program (Law No. 12.529 / 11). The program is founded on the Theory of Deterrence. The Brazilian anticorruption leniency program has the following main characteristics: admit only partial leniency; apparently limits access to the applicants who first present themselves to the authorities (despite the reality observed in the case of Operação Lava-Jato); can be requested ex post; there are no restrictions on application to the leader of the illicit conduct. Although being an important advance, it is possible to identify issues that should be better handled in order to enable the effective fight against corruption.

Keywords: Leniency, Anti-corruption, Control, Administration

JEL Classification: K00, K01, K14

Suggested Citation

Lara, Fabiano and Luz, Reinaldo Diogo, Leniency Program in the Anti-Corruption Law (August 23, 2018). Available at SSRN: https://ssrn.com/abstract=3237825

Fabiano Lara (Contact Author)

Faculdade de Direito da UFMG - UFMG Faculty of Law (Brazil) ( email )

Av. João Pinheiro, 100
Belo Horizonte, Minas Gerais 30130-180
Brazil
+5531992053351 (Phone)

HOME PAGE: http://www.direito.ufmg.br

affiliation not provided to SSRN

Reinaldo Diogo Luz

Federal University of Minas Gerais (UFMG) - Faculdade de Direito ( email )

Av. João Pinheiro, 100
Belo Horizonte, Minas Gerais 30130-180
Brazil

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