Desarticulação institucional frente a realização de acordos de leniência na lei anticorrupção / Institutional disarticulation in front of realization of lenience agreements in the anticorruption law

Abstract

The article aims to critically analyze anti-corruption leniency agreements based on the problems arising from the multi-institutional nature of their negotiation. The horizontal accountability model adopted by the Brazilian legal system is characterized by the fact that numerous bodies and institutions dedicated to the control of corruption are disjointed. This
scenario causes a disincentive and legal uncertainty, when these leniency agreements are signed, under the scope of Law 12.846/13. The case of Odebrecht S.A confirms the need to improve institutional cooperation between different bodies, which compete more with each other than effectively cooperate.