Federal attorney Samantha Chantal Dobrowolski from the Third Regional Prosecutor's Office has assumed, until 2020, the position of member of the Federal Prosecutors at the Administrative Council for Economic Defense ("CADE").

Dobrowolski was chosen by the Third Chamber of Consumer and Economic Order of the Attorney General's Office ("PGR") and is the first woman to take the job.

She is responsible for managing the Permanent Leniency Advisory Committee, which advises on leniency agreements and award-winning collaborations in matters related to the competence of the Anti-Corruption Board.

Dobrowolski conducted a research1 on leniency agreements and their effects. The study emphasizes the need for a comprehensive approach to the leniency institute because the public power is divided among in different agencies and each one has different sanctions.

According to technical note nº 01/20172 presented by the Permanent Leniency Advisory Committee, the leniency agreement is an instrument with the potential to modify the recurring state inefficiency regarding the matter that generates impunity. To this end, the leniency agreement should be treated as primary public interest and committed to results—that reflect efficiency, reasonableness and proportionality—while observing the guarantees of fundamental rights and due legal process, as is the case in the Democratic State of Law.

The research also highlights the effective participation of the Public Prosecutor's Office in the negotiation and conclusion of leniency agreements as a guarantee of legal certainty, and defends  obtaining greater range and full coverage of the conditions agreed on in the collaboration.

Dobrowolski also promotes the creation of an orientation manual to unify the use of the leniency institute in order to avoid the procedural discrepancy  that exists between first-degree prosecutors and superior authorities, as well as to avoid failures such as those that led to the request for termination of the J & F Group's3


1 Technical study nº 01/2017 — 5ª CCR: http://www.mpf.mp.br/atuacao-tematica/ccr5/coordenacao/grupos-de-trabalho/comissao-leniencia-colaboracao-premiada/docs/Estudo Tecnico 01-2017.pdf

2 Technical note nº 01/2017 – 5ª CCR: http://www.mpf.mp.br/atuacao-tematica/ccr5/publicacoes/notas-tecnicas/docs/nt-01-2017-5ccr-acordo-de-leniencia-comissao-leniencia.pd


Visit us at Tauil & Chequer

Founded in 2001, Tauil & Chequer Advogados is a full service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses on their domestic and cross-border activities and offers clients the full range of legal services including: corporate and M&A; debt and equity capital markets; banking and finance; employment and benefits; environmental; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and insolvency; tax; and real estate. The firm has a particularly strong and longstanding presence in the energy, oil and gas and infrastructure industries as well as with pension and investment funds. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become "Tauil & Chequer Advogados in association with Mayer Brown LLP."

© Copyright 2018. Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. All rights reserved.

This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.