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Legal Update

Coordinator of the Advisory Committee on Leniency Becomes Member of Federal Prosecutors at CADE

4 February 2019
Tauil & Chequer Legal Update

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

https://istoe.com.br/tag/samantha-chantal-dobrowolski/

Authors

Maria Luiza Duanetti

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