The Law 13.964/19, recently published in the Brazilian Official Gazette on December 24, 2019, aimed, mainly, pursuant its 1st article, to improve criminal and criminal procedural law. Because of that, the law is known as the “anticrime package”.
At first sight, the new law may seem to be focused exclusively in the criminal area, however, one might realize that there are some relevant changes regarding the administrative improbity.
The relevant changes are related to the amendments brought to the Administrative Improbity Law (Law no. 8429/92), adding up paragraphs 1 and 10-A, in the article 17, allowing the execution of “civil non-persecution agreements” in administrative improbity lawsuits, that is, is now certain the possibility of an agreement in this kind of action, what was not clear before and was object of legal and case law obstacles.
The possibility of civil non-persecution agreements in administrative corruption actions gives more legal certainty to the companies that may opt to execute leniency agreement, because the Law no. 8429/92 removed the uncertainty about the possibility and legality of leniency to bring effects to the administrative improbity scope as well, whether to avoid actions of this nature or to dismiss actions filed.
The Law no. 13964/19 also brought out some vetos, as relevant as the changes themselves, such as, for example, in connection to the inclusion of the article 17-A in the Law 8429/92. This article, briefly, set up some conditions for the execution of the civil non-persecution, inclusive in the sense that only the Prosecutor’s Office could execute this type of agreement. Therefore, is now open the legal possibility also to the Public Administration, according to the specific case, to execute civil non-persecution agreements.
The veto above, jointly to the other taxes in the Law no. 13964/19, will be subject to the appreciation of part of the Brazilian Congress, where it can be overridden.
The Law no. 13964/19 shall be in force after thirty (30) days of its publication.