O ACORDO DE LENIÊNCIA INSERIDO PELA LEI n. º12.846/2013 E SUA RELAÇÃO COM A ADMINISTRATIVIZAÇÃO DO DIREITO PENAL

Abstract

This article is based on the theory of Administrativization of Criminal Law developed by Jesus-Maria da Silva Sanchez. The topic was explored with an emphasis on Negotiable Criminal Law (fourth dimension of the Administrativization of Criminal Law), with the main objective of identifying the correct application of the leniency agreement in Brazilian justice, as well as demonstrating the relationship between criminal expansion and the emergence of the leniency agreement. leniency in Brazil, inserted by Law No. 12,846/2013 (Anti-Corruption Law - LAC). Through documentary analysis and bibliographical review, with a qualitative approach, the emergence of the leniency agreement was historically and legally contextualized, highlighting its foundations and the obstacles in the application of the negotiating institute, caused mainly by the extensive network of punitive liability in the country. The approach brought by the article is relevant for seeking solutions that harmonize the negotiating institute with the Brazilian constitutional order, whether from a practical or legal point of view, that is, to avoid, above all, that it is rendered useless by this controversial legal set.