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Legal Update

Brazil: Joint Guideline Establishes Instructions for the Negotiation of Plea Bargain Settlements with Public Prosecutor's Office

6 June 2018
Tauil & Chequer Legal Update

On May 28, 2018, the Public Prosecutor's Office (“MPF”) published Joint Guideline No. 01/2018 ("Guideline"), established by the Criminal and Anti-Corruption Chambers of the MPF, which will serve as a technical procedural parameter for the negotiation of plea bargain agreements. The provisions of the Guidance are applicable under plea bargain agreements signed by the MPF and are based on Law No. 12,850/13 ("Criminal Organizations Law"), which currently regulates the plea bargaining of collaborations.

The Guideline sets out the parameters that have been required for the approval of plea bargain agreements by the MPF, according to the analysis of agreements that have already been submitted to the MPF and the good practices developed in previously signed agreements.

The Guideline establishes procedural guidelines for the execution of plea bargain agreements, such as instructions for the plea proposal, definition of the facts that will be covered in the agreement, suspension of specific litigation measures and objective criteria for granting of benefits to pleading individuals.

In addition, the Guideline specifies the mandatory clauses of plea bargain agreements and assumes, for the signing of the agreement, that the party entering into the agreement ceases involvement in any illegal conduct, as determined by the Criminal Organizations Law.

The MPF expects that the Guideline will provide a greater legal certainty and transparency in the negotiation of plea bargain agreements, encouraging the use of this important criminal procedural tool, in order to facilitate the obtaining of evidence to serve the public interest.


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