Tag: Leniency Agreements

Ministry replacing CGU plans text of interim measure that pleases control bodies over agreements with investigated companies

The Michel Temer government plans to draw up a new provisional measure to discipline leniency agreements with companies involved in corruption cases, including contractors investigated in Operation Lava Jato. This will be one of the tasks of the new Ministry of Inspection, Transparency and Control, led by Minister Fabiano Silveira, 41. The new text will be produced under the supervision of the Casa Civil, headed by Minister Eliseu Padilha. The main objective is to seek consensus on the topic. So far, this has not been possible due to differences between the Federal Court of Accounts (TCU), the Federal Public Ministry (MPF) and the defunct Comptroller General of the Union (CGU) - which, under the Temer government, was renamed the Ministry of Transparency.

Source: O Estado de São Paulo newspaper (14/05)

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Participation of the Public Ministry in leniency agreements goes to the Chamber

The Constitution, Justice and Citizenship Commission (CCJ) approved, this Wednesday (4), in a supplementary shift, a proposal that foresees the participation of the Public Ministry, from the beginning, in leniency agreements signed by public agencies with companies responsible for practice of illegal acts in order to mitigate administrative sanctions. This type of agreement is provided for in the Anti-Corruption Law (12.846/2013).

Authored by Senator Ricardo Ferraço (PMDB-ES), the Senate Bill (PLS)105/2015, with changes in provisions of the Anticorruption Law, had already been accepted in a terminating decision by the Constitution, Justice and Citizenship Commission (CCJ) on October 28. With the final approval on Wednesday, the project should be sent directly to the Chamber of Deputies. The text accepted by the commission is a substitute for the rapporteur, Senator Randolfe Rodrigues (Rede-AP).

Omission

With the investigations of the Federal Police's Operation Car Wash, which found irregularities at Petrobras, Ferraço noted that the Anti-Corruption Law “sinned” by not providing for the participation of the Public Ministry in the construction of leniency agreements. For this reason, the bill determines that the Public Prosecutor's Office fully follow up on this procedure provided for in the Anti-Corruption Law, which, in its assessment, will give more legal certainty to the parties.

In the judicial sphere, the body may even sign leniency agreements in isolation or in conjunction with public law or the injured body. The project expands the effects of the agreements, now restricted to the administrative sphere, to include criminal action. Ferraço's expectation is that, thus, the companies involved will be safer to join.

- The proposal aims to end an omission of the law that creates legal uncertainty regarding the effects of the leniency agreement at the administrative level - he said.

Term

In addition to correcting the omission, the proposal extends the limitation period for those involved to join from five to 10 years. It also frees the company that signs the restrictive sanctions agreement on the right to participate in tenders and to sign contracts with the public administration.

Senator Romero Jucá (PMDB-RR), who participated in the understandings that resulted in the final text, considered the project relevant to the country's economy, as it gives more legal certainty to leniency agreements. Randolfe Rodrigues highlighted the need for the Public Ministry to be present in these agreements and highlighted Jucá's participation in the dialogue with the various stakeholders on the subject.

Source: The Senate Agency .

Change in the Anti-Corruption Law wants to exempt companies from fine

The proposal with changes in the Anti-Corruption Law discussed between members of the Chamber and the government summit provides for the possibility of total exemption from the payment of fines by corrupt companies that sign a leniency agreement. This forecast is part of an amendment inserted last week to the bill that is being processed by the Constitution and Justice Commission of the House and establishes changes in the law sanctioned two years ago.

Source: Estadão website (15/08)

 

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Adams defends leniency agreement for companies accused in Lava Jato

Minister of Advocacy General of the Union - Luís Inácio Adams
Minister of Advocacy General of the Union - Luís Inácio Adams

The Minister of Advocacy-General of the Union, Luís Inácio Adams, defended this Thursday that the government accepts leniency agreements if they are proposed by the accused companies within the Lava Jato operation, which investigates a corruption scheme in Petrobras contracts.

Adams believes that the leniency agreement would facilitate the recovery of embezzled funds and the fight against corruption.

"It is a more efficient way than closing the company and trying to catch up (in the future)," said Adams, who has been in office since late 2009 and is responsible for defending the government's positions in the judiciary.

The Federal Public Ministry denounced - and the Court accepted the complaints - 36 people, 23 of them linked to OAS, Camargo Corrêa, UTC Engenharia, Galvão Engenharia, Mendes Júnior and Engevix, in addition to asking companies to make reimbursement of 1,186 billion reais to public coffers.

There is fear within the government that if these companies are considered unworthy to close new contracts with the government, there will be a paralysis of works in the country, with serious consequences for economic growth and for the progress of infrastructure works, which are a priority for the government. government.

Source: Terra.com - 8/01

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