Brazil Modernizes Leniency Agreements

Brazilian authorities have taken an important step forward in strengthening the country’s compliance and anticorruption framework. With the objective of enhancing the fight against corruption and improving asset recovery mechanisms, the Office of the Comptroller General (CGU) published, on December 23, a new regulation that modernizes and reinforces the rules governing leniency agreements under Law No. 12,846/2013 (the Brazilian Anti-Corruption Law).

The new regulation increases predictability, efficiency, and legal certainty for both domestic and foreign companies willing to cooperate with Brazilian authorities. It incorporates innovations introduced by Decree No. 11,129/2022 and updates previous guidelines, aligning the leniency framework with current enforcement practices.

Among its key advancements are the adoption of concrete measures to prevent double jeopardy (bis in idem), the strengthening of coordination with national and international enforcement authorities, and enhanced incentives for voluntary self-disclosure, expanding the possibilities for obtaining maximum sanction reductions.

This regulatory development reinforces leniency agreements as a central instrument for fostering a corporate culture of integrity. It also underscores the growing sophistication of Brazil’s anticorruption enforcement regime and its commitment to effective domestic and cross-border cooperation.

This newsletter provides information about legal developments in Brazil to clients and members of Cescon, Barrieu, Flesch & Barreto Advogados. The content included herein is not meant to provide legal advice with respect to any specific matter. We do not undertake to update, supplement or modify the information contained herein.

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