Detalhes bibliográficos
| Ano de defesa: |
2017 |
| Autor(a) principal: |
Galvão, Leonardo Vasconcellos Braz
 |
| Orientador(a): |
Zockun, Maurício Garcia Pallares |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
|
| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
Brasil
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/20024
|
Resumo: |
This study studies the leniency agreement institute under the Brazilian anti-corruption law. The novel institute became applicable in the national anti-corruption system only from the provisions of Articles 16 and 17 of Federal Law 12,846 / 13. The introduction of the aforementioned Federal Law into the Brazilian juridical and normative system, as one of the legal instruments in the repression of corrupt practice, positivated the leniency agreement in the legal-administrative relations stricto sensu, whether bilaterally or not between legal entities Private bodies and bodies or entities of the Public Administration, including the legal entities of international public law. Prior to the scope of the Brazilian System for the Defense of Competition, the Leniency Agreement was introduced in Brazil through the provisional measure n. No. 2,055-4 / 2000, which was converted into Federal Law 10,149 / 2000, which introduced art. 35-B of the repealed Brazilian Antitrust Law (Federal Law No. 8.884 / 94). With the publication of the new antitrust law (Federal Law No. 12,529 / 2011), such an institute was conserved and improved. In the study of this instrument, its assumptions of existence and validity were analyzed, through the observation of the constitutional, legal and doctrinal matrix put in our Country, in the end, it began to score the most relevant notes on the content and scope of the norm Introducing the leniency agreement under Brazilian anti-corruption law. It is necessary, however, to understand the jusphilosophical foundations inherent in the agreement in question, especially in the light of the supremacy of the public interest and its unavailability, as well as the compression of the transactional duty-power which May be included as part of the competence or attribution of certain public agents |
