Transparência dos acordos de leniência da lei n° 12.846/2013estudo comparativo da publicação de informações por órgãos públicos do Brasil e dos
 Estados Unidos

Resumo

Purpose – The overall purpose of this study was to analyze anti-corruption leniency agreements signed in Brazil and the United States and to compare the transparency of corruption acts. The work also aimed to analyze requests for information addressed to CGU (Brazilian Office of the Comptroller General) to verify whether the proactive transparency (published information) of leniency agreements is being complemented, to some extent, by reactive transparency (responses to the requests for information). Methodology – Documentary research was carried out, involving content analysis. The research
 comes close to a natural experiment as leniency agreements involving the same companies and the same cases of corruption, investigated in different countries, were analyzed. Specifically, the study analyzed documents related to agreements signed with Braskem S.A. and Amec Foster Wheeler América Latina Ltda, in Brazil and the United States. Findings – The result of analyzes carried out on the transparency of leniency agreements signed in Brazil, demonstrated a deficit of transparency in the disclosure of information by Brazilian
 authorities compared to the transparency of agreements signed in the United States, based on the FCPA. Regarding requests for information, the analysis concluded that CGU has decided not to disclose additional information about the leniency agreements, in relation to the data that are already published through proactive transparency. In addition, the analysis of decisions in
 information request processes allowed consolidating of the main justifications adopted by CGU to restrict access to information contained in leniency agreements. Research Limitations – The main limitation of the study is related to the analyzed sample. Two agreements signed with different companies by authorities in Brazil and the United States, involving the same corruption cases, were compared. The analysis of other agreements under the same comparability conditions can contribute to a better understanding of the proposed problem. Another limitation occurs in relation to the research method. The qualitative analysis carried out is impacted by the data collection and classification procedure, as the data classification is a choice
 of the author of this work, based on his understanding of the literature and on the rules applicable to the subject. Practical Implications – The study proposes some recommendations to be evaluated and adopted by the CGU to increase the transparency of anti-corruption leniency agreements. Social Implications – The study provides data and conclusions which contribute to improve
 corruption acts oversight by civil society, especially regarding the information contained in the leniency agreements signed in Brazil by the CGU. Originality – No other comparative study on the transparency of leniency agreements, signed by different countries under similar conditions, i.e., involving the same companies and the same cases of corruption, was found in the literature on the transparency of corruption acts.

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:10438/33727

Temas

Gestão PúblicaAdministração PúblicaGovernança

Palavras-chave

Transparência na administração públicaAcordo de leniência - BrasilAcordo de leniência - Estados UnidosCorrupçãoAcordo de leniênciaCorrupção administrativaServiço público