Administrative Corruption - New Law On The Matter Wipes Out Legal Incertantity In Allowing The Execution Of Agreement

Author:Mr Paulo Prado, Marcelo Pinho, Catarina Rattes and Filipe Magliarelli
Profession:Koury Lopes Advogados

The Law 13.964/19, recently published in the Brazilian Official Gazette on December 24, 2019, aimed, mainly, pursuant its 1st article, to improve criminal and criminal procedural law. Because of that, the law is known as the “anticrime package”.

At first sight, the new law may seem to be focused exclusively in the criminal area, however, one might realize that there are some relevant changes regarding the administrative improbity.

The relevant changes are related to the amendments brought to the Administrative Improbity Law (Law no. 8429/92), adding up paragraphs 1 and 10-A, in the article 17, allowing the execution of “civil non-persecution agreements” in administrative improbity lawsuits, that is, is now certain the possibility of an agreement in this kind of action, what was not clear before and was object of legal and case law obstacles.

The possibility of civil non-persecution agreements in administrative corruption actions gives more legal certainty to the companies that may opt to execute leniency agreement, because the Law no. 8429/92 removed the uncertainty about the possibility and legality of leniency to bring effects to the administrative improbity scope as well, whether to avoid actions of this nature or to dismiss...

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