A Acordo de leniência como exceção ao princípio da obrigatoriedade da ação penal

Abstract

The present work has the privilege of boarding the whole application of the leniency agreement, so much in the cases in which it is characterized like an exception to the principle of the obligatoriness how much in the hypotheses in which that does not take place. The principle of the obligatoriness links the Public Ministry prosecution service when offer the denunciation in the cases that the crimes will be of inconditional public penal action. The leniency agreement is one of the hypotheses in which the Parquet will not be obliged to proceed with the offer of the accusation. The leniency agreement, when was also called an agreement of gentleness, is predicted in the Law n. 12.529/2011 and in the Law n. 12.846/13, cases in which there will be an softening of the feathers that would be applied to offenders. Much is the cases in which the above-mentioned agreement is applied at present, national and internationally. The gentleness pact is appropriate mainly in the cases in which there is a restriction to the competition of market, very common in the cartels, cases that are elucidated frequently through this institute. There is an ordinary confusion between the cases of winning accusation and leniency agreement, but what bring some differences, for example, his applicability regarding the wheat fields administrative and processual criminal. That way, the analysis remains necessary about the subject of the leniency agreement, it relating with the penal action, examining the main legal standards that treat the subject.