Atuação da CGU na Lei Anticorrupçãodesafios do acordo de leniência como instrumento de combate à corrupção

Resumo

The general purpose of this study was to analyze the administrative structure of the Controladoria-Geral da União (CGU) as the only body of the Federal Public Administration competent to enter into a leniency agreement within the scope of the LAC and the challenges that its protagonism faces, such as the adequacy the structure of the agreement, coordination and negotiation, interaction with other public bodies, the identification of the appropriate incentive levels to enable the conclusion of the leniency agreement. The goal is to improve the operationalization of the leniency agreement within the Public Administration, aiming at its status as an instrument for combating corruption. For this, the theoretical framework addressed national and international legislation on the subject, books and academic articles. A search was carried out in the academic literature, data were collected through a case study (comparative analysis) based on the leniency agreements signed by Odebrecht with Brazil’s Office of the Comptroller General (CGU) and the Department of Justice in the United States. Interviews were then conducted with professionals specializing in the combat of corruption, especially in leniency agreement negotiations. Data analysis was based on content analysis, a case study, and interviews. The research results show that leniency agreements have been an important tool in the fight against corruption, allowing the recovery of misappropriated resources (assets) and a paradigm shift in relation to the effectiveness of punishment. The necessary consensus for achieving these agreements, which occurs through constant dialogue and respect for the institutional attributions of each institutional authority, is a critical success factor. However, legislative changes are necessary to shape incentives such that infringing companies will enter into agreements., such changes include the negotiation of sanctions (in the case of companies that show a willingness to collaborate and an adequate integrity program), including criminal sanctions (with the participation of the Public Prosecutor's Office). The main limitation of research is the absence of a database with numbers regarding the length of the leniency agreement and the time the judicial process takes from start to finish. Data is also missing on the administrative penalty prodecure and the respective costs. Another limitation is that the research is based on the personal perceptions of the interviewed professionals, which can influence the research result. 
 The research demonstrated the efficiency of the leniency agreement as an instrument to combat corruption, but that, in order to achieve the objectives proposed in Lei nº 12.846/2013 (Anti-Corruption Law), it needs to implement measures that make possible the legal security incentives for attract the collaboration of the offending companies. The legal and final challenges proposed in this work can contribute to the improvement of the CGU's leniency program, which is included in its Action Plan, and thus make the leniency agreement the main instrument for combating corruption. The study contributes to academia by focusing on the challenges that the CGU, as a Public Administration, still faces in order to attract the collaboration of offending companies, without affecting the public interest protected in Law nº 12.846/2013, which is the fight against corruption.

Ficha do documento

Tipo

Dissertação

Ano

2023

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/34433

Temas

Administração PúblicaGovernança

Palavras-chave

Combate à corrupçãoAcordo de leniênciaEficiênciaDesafiosCorrupção – Legislação - BrasilTransparência na administração públicaBrasil. Controladoria Geral da União