The lenience agreement, the case “anel de integralção" and the refund to society under the view of Economic Analysis of Law (EAL)

Abstract

This study presents a proposal for an empirical analysis about the signing of a leniency agreements with the concessionaires of the “Anel de Integração”, within the scope of Operation Car Wash, aiming, at the same time, towards the theoretical understanding of the institute inserted in Law 12.846 / 2013 (Corporate Anti-Corruption Law). In other words, under the premise of analyzing the case in question, it is intended not only to understand it from an empirical point of view, but also to analyze the institute under debate from a theoretical point of view. The conclusions derive from the evaluation of the case under the legal aegis. Furthermore, from the perspective of the economic analysis of Law, as a theoretical framework, the analysis of the case presented goes back to the reflexes to society that result from the conclusion of the leniency agreement in a double sense: the fight against corruption and administrative improbity and the return to company obtained through the acts that were the object of the agreement. It should be noted, in this line that according to the judgment of ADPF 568, the recovered funds must be returned to society.