According to Vinícius Marques de Carvalho, the agreements negotiated so far have not provided new information to combat corruption
BRASÍLIA and LISBON – The Minister of the Comptroller General of the Union (CGU), Vinicius Marques de Carvalhodefended on Friday the 28th the review of the clemency agreement policy in the country. According to him, the negotiations conducted so far have brought little new information to fight corruption.
“Perhaps we need to recognize that the incentive structure of the anti-corruption leniency policy in Brazil is not the appropriate structure,” the minister said at the Lisbon Legal Forum, an event organized by the Higher Education Institute of the Minister of the Federal Supreme Court Gilmar Mendes. According to Carvalho, only one of all the leniency agreements that the CGU has already entered into raised facts that the institution was not yet aware of.
“The policy of clemency, born as a tool to make the State discover illegal acts, is today a tool to negotiate agreements after the discovery of the illegal act, at least in the context of anti-corruption policy”, he said.
“We need to discuss and develop a strategy to design these leniency agreements so that they actually generate an incentive to detect behavior. And that requires raising the bar on the evidence needed for a company to sign a leniency agreement,” defended the minister.
He argued that agreements should only be signed with minimally solid evidence of conduct. “We know very well how much this can jeopardize reputation and economic life, as well as the consequences for legal certainty,” he said.
This week, the CGU and the Attorney General’s Office asked the FST for more time to conclude negotiations with the companies investigated in the Lava Jato operation. The government is negotiating a proposal with four advantages for construction companies in the renegotiation of leniency agreements.
Source: Terra
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