A extensão do acordo de leniência na lei de improbidade administrativa: a observância de preceitos do Direito Processual Penal.

Abstract

Corruption is a worldwide phenomenon that has devastated the economy and credibility in public relations. The constant scandals that marked the Brazilian history, mainly in the field of Public Administration, they gave adherence to international conventions and treaties and the creation of mechanisms to prevent and reprieve this problem. In this sense, the law 12.846/13 was elaborated and represented an important advancement in objective accountability, in the fields administrative and civil companies who practice harmful acts against national or foreign public administration. This law still predict the possibility of conclusion of the leniency agreement with the purpose to identify the others involved in the malfeasance, by obtaining the evidence necessary for the expeditious determination. However, the agreement does not reach the law 8.429/92, on the fence contained in article 17, §1º. Thus, the present work aims as to study the public corruption, legislative advances and the contradiction in that device, on the application of consensus in the face of the principles applicable to administrative relations. Then analyses whether the leniency agreement and Institute your application the legal system, as well as the seal on the actions of administrative misconduct. Afterwards, explores whether the possibility of using the deal to combat administrative misconduct under the prism of the procedural principles of non bis idem and the reasonableness and proportionality, in order to demonstrate that the effects of performance practice on leniency agreements extend the law of misconduct. Through the bibliographical and statistical analysis, noted that the referred norm has many obstacles in order to effectively protect the public patrimony, needing its adequacy to legislative updates and the integration of instruments that enable the pursuit of morality more quickly and efficient administration of justice, with the eliminating of the contradiction and stabilization of norms.