ACORDO DE LENIÊNCIA NA LEI 12.846/2013: ATO ADMINISTRATIVO VINCULADO OU DISCRICIONÁRIO DA ADMINISTRAÇÃO PÚBLICA

Abstract

This article will deal with the problematization regarding the discretion or
binding of the act of the Public Administration in the granting of the Leniency Agreement,
from the principles linked to its creation, as well as its course and foundation of its
application, being it through a discretionary act or with a bound act, which we will
understand that for the reasons presented, as well as the absence of legal justification,
from the point of view of the Theory of Administrative Acts, for the administrative act to
be discretionary and not bound, given that the general rule is that if such an act were
discretionary, the celebration would be at the mercy of analysis by the Public
Administration, which could be influenced by corruption, by the influence of companies
interested in reducing or eradicating their sanctions, a fact that is directly contrary to the intention of the norm and the public interest , in light of the foregoing, it is accepted that
the administrative act of entering into the Leniency Agreement is bound