A extensão dos efeitos da celebração de Acordo de Leniência com o CADE perante a administração pública
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Data
2013-11
Autores
Orientador(res)
Sampaio, Patrícia Regina Pinheiro
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Resumo
This monograph will analyze the extent and the effects of the benefits relating to the execution of the leniency agreement between the leniency party and the Administrative Commission of Economic Defense (CADE), in particular with regard to the guarantee of immunity to administrative sanctions. In this context, this monograph will verify if the execution of the leniency agreement with CADE will suspend the penalty imposed by the public administration, that is, if no other entity of direct or indirect public administration would be entitled to apply any administrative sanction to the lenient party. In other words, if the immunity provided in Law No. 12.529/2011 is restricted to the scope of CADE or encompasses the entire public administration. The present analysis is important, because the possibility of another entity, also a member of the public administration, apply administrative sanctions to the lenient party, would violate the punitive system of public administration, due to the fact that it must be interpreted in an uniform and interconnected manner. Furthermore, the incentives for the execution of the leniency agreement will be reduced significantly, if other public administration may apply administrative sanctions, such as the declaration of disreputable. Therefore, the analysis will be developed in this monograph will involve discussions and institutes under the Administrative Law and also under the Brazilian Competition Law, specifically with regard to guaranteed benefits with the execution of the leniency agreement, institute that was created to combat anti-competitive collusive practices.