Post by xyz3600 on Feb 25, 2024 0:58:54 GMT -5
Even though the Anti-Corruption Law (Law 12,846/2013) does not provide that the Public Prosecutor's Office can sign a leniency agreement, it is prudent for the company's lawyer to include the state MP in a commitment signed with the state attorney general's office. This is because, even if there is an agreement, the MP can file administrative improbity action for the same facts. Conjur Former attorney general of the Union, Fábio Medina Osório (right) emphasizes that lawyers involved in agreements must have a systemic vision ConJur This is the opinion of the former attorney general of the Union Fábio Medina Osório . He participated, this Monday (2/9), in the seminar The role of the Judiciary in the resumption of development in Rio de Janeiro , at the Rio State Judiciary School.
The event is organized by ConJur. Medina Osório stated that, although the Public Prosecutor's Office does not have legal authority to enter into a leniency agreement, it can sign an agreement involving acts of administrative improbity. Therefore, lawyers for companies that want to collaborate with investigations should seek to include the MP in an agreement with the state attorney general's office. This way, companies do Middle East Mobile Number List not run the risk of being sued for the same facts admitted in the commitments. The former AGU also highlighted that lawyers involved in agreements must have a systemic view of Administrative and Criminal Law. Without this broad knowledge, executives can spend all their collaboration on plea bargain agreements and leave nothing for the company to offer in leniency – which is only accepted if it is essential for the investigations.
According to the lawyer, it is necessary to clarify which bodies have the authority to sign a leniency agreement. However, Medina Osório highlighted that concentrating commitments in a single institution would create a risk of arbitrariness.This development has been sustained, on the one hand, by the cultural conditions of citizens' 'trust' in each other; and in the capacity of the Rule of Law to enforce the principle of pacta sunt servanda, that is: contracts must be respected and honesty is a prerequisite for every commercial transaction .” The spirit of the law, in light of the quote above, seems to me to be to try to shift the axis from distrust to trust.establishes, as a right of people, “to enjoy a presumption of good faith in acts carried out in the exercise of economic activity, for which doubts regarding the interpretation of civil, business, economic law and urban planning will be resolved in a way that preserves private autonomy, unless there is an express legal provision to the contrary.
The event is organized by ConJur. Medina Osório stated that, although the Public Prosecutor's Office does not have legal authority to enter into a leniency agreement, it can sign an agreement involving acts of administrative improbity. Therefore, lawyers for companies that want to collaborate with investigations should seek to include the MP in an agreement with the state attorney general's office. This way, companies do Middle East Mobile Number List not run the risk of being sued for the same facts admitted in the commitments. The former AGU also highlighted that lawyers involved in agreements must have a systemic view of Administrative and Criminal Law. Without this broad knowledge, executives can spend all their collaboration on plea bargain agreements and leave nothing for the company to offer in leniency – which is only accepted if it is essential for the investigations.
According to the lawyer, it is necessary to clarify which bodies have the authority to sign a leniency agreement. However, Medina Osório highlighted that concentrating commitments in a single institution would create a risk of arbitrariness.This development has been sustained, on the one hand, by the cultural conditions of citizens' 'trust' in each other; and in the capacity of the Rule of Law to enforce the principle of pacta sunt servanda, that is: contracts must be respected and honesty is a prerequisite for every commercial transaction .” The spirit of the law, in light of the quote above, seems to me to be to try to shift the axis from distrust to trust.establishes, as a right of people, “to enjoy a presumption of good faith in acts carried out in the exercise of economic activity, for which doubts regarding the interpretation of civil, business, economic law and urban planning will be resolved in a way that preserves private autonomy, unless there is an express legal provision to the contrary.