Joint Guideline Establishes Instructions For The Negotiation Of Plea Bargain Settlements With Public Prosecutor's Office

Author:Mr Luís Adams, Michel Sancovski, Luiz Santiago and Maria Eduarda Corteletti
Profession:Tauil & Chequer
 
FREE EXCERPT

On May 28, 2018, the Public Prosecutor's Office ("MPF") published Joint Guideline No. 01/2018 ("Guideline"), established by the Criminal and Anti-Corruption Chambers of the MPF, which will serve as a technical procedural parameter for the negotiation of plea bargain agreements. The provisions of the Guidance are applicable under plea bargain agreements signed by the MPF and are based on Law No. 12,850/13 ("Criminal Organizations Law"), which currently regulates the plea bargaining of collaborations.

The Guideline sets out the parameters that have been required for the approval of plea bargain agreements by the MPF, according to the analysis of agreements that have already been submitted to the MPF and the good practices developed in previously signed agreements.

The Guideline establishes procedural guidelines for the execution of plea bargain agreements, such as instructions for the plea proposal, definition of the facts that will be covered in the agreement, suspension of specific litigation measures and objective criteria for granting of benefits to pleading individuals.

In addition, the Guideline specifies the mandatory clauses of plea bargain agreements and assumes, for the signing of the agreement, that the party entering into the agreement ceases involvement in any illegal conduct, as determined by the Criminal Organizations Law.

The MPF expects that the Guideline will provide a greater legal certainty and transparency in the negotiation of plea bargain agreements, encouraging the use of this important criminal procedural tool, in order to facilitate the obtaining of evidence to serve the public interest.

Visit us at Tauil & Chequer

Founded in 2001, Tauil & Chequer Advogados is a full service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses on their domestic and cross-border activities and offers clients the full range of legal services including: corporate and M&A; debt and equity capital markets; banking and finance; employment and benefits; environmental; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and insolvency; tax; and real estate. The firm has a particularly strong and longstanding presence in the energy, oil and gas and infrastructure industries as well as with pension and investment funds. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become "Tauil & Chequer Advogados in association with Mayer Brown LLP."

© Copyright 2018. Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. All rights reserved.

This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

To continue reading

REQUEST YOUR FREE TRIAL