Therefore, with respect to administrative liability, a company that enters into a leniency communication may benefit from a reduction of up to two thirds of the fine imposed. This fine can be between 0.1% and 20% of the gross revenue generated in the year prior to the presentation of the administrative procedure. In some cases, the fine can reach 60 million Brazilian reais. In addition, leniency communication may exempt the exceptional publication of the company`s decision to convict. Under Brazilian Clean Company law, legal entities are strictly responsible for corrupt practices. Penalties include: (i) fines of up to 20% of a company`s gross turnover in the year prior to the start of the investigation (or BRL 60 million to BRL 60 million) where it is not possible to determine the company`s turnover; and (ii) the obligation to publish in a newspaper the decision by which the fine was imposed. If this behaviour also included a violation of public procurement legislation in Brazil, a company may also be excluded from participating in future bids or executing agreements with public bodies, which has a significant impact on the activities of specialized companies because of the importance of public procurement in Brazil. Ricardo Villas Béas Cueva (STJ- Supreme Court) noted that the antitrust authority CADE (Conselho Administrativo de Defesa Econémica) has entered into agreements with companies since the early 2000s. « It was a success, with about 90 chords. In 2013, the anti-corruption law allowed the possibility of leniency agreements in the Brazilian legal system inspired by the American model, » said the former member of this federal entity, whose remit is the defense of fair competition.
Cueva listed some of the challenges associated with consolidating leniency agreements in the country: it is up to the company involved in corruption to seek the authority or agency responsible for the investigation and express its interest in cooperating with the investigation. At the federal level, responsibility for concluding agreements focuses on the function of Comptroller General (CGU). Similarly, several states, such as the State of Rio de Janeiro, have chosen to focus this allocation on a single administrative authority. Investigation by specially mandated lawyers who do not have previous cases with the company can take months or years. During the process, the company submits documents (for example. B e-mails), provides interim reports and, in the end, a conclusive report. « When the investigation is complete, the lawyers and the feds are negotiating an agreement.