O acordo de leniência da Lei 12.846/13 e a possibilidade de sua revisão

Abstract

Corruption is a deeply rooted phenomenon in societies, manifesting on both small and large scales, from gaining undue advantages in everyday situations to the diversion of large sums of public resources. This thesis aims to explore corruption from various perspectives, addressing both the negative impact it imposes on social and economic development and the legal responses formulated to combat it, particularly in the Brazilian context. Internationally, organizations such as the UN, OECD, and OAS have played a crucial role in pushing for more robust legislation and effective mechanisms against corruption, promoting transparent and ethical business practices among nations. Nationally, Federal Law No. 12.846/2013, known as the Anti-Corruption Law, is analyzed in detail in this work, focusing on its principles, the objective liability of companies, and the importance of integrity programs to prevent corruption and promote an ethical organizational culture. Additionally, the legal aspects and sanctions applicable to companies will be discussed, with special attention to the legal challenges related to the subjective responsibility of the individuals involved and the need to protect companies within a framework of legal security and respect for the constitutionally prescribed social function. Furthermore, the study will delve into the leniency agreement as a significant tool in combating corruption, exploring its essential requirements, the legitimacy of the involved parties, and the importance of the legal security of the agreements. The possibility of revising these agreements will also be examined, highlighting the criteria and limits for such revision, in pursuit of ensuring the effectiveness and transparency in the application of this measure. This focus reflects an innovative and relevant approach to understanding the legal mechanisms and practices of combating corruption in Brazil