by Kara Brockmeyer, Andrew Levine, Karolos Seeger, Bruce Yannett, Daniel Aun, and Fabricio Archanjo
On August 6, 2020, Brazilian enforcement authorities announced a technical cooperation agreement focused on leniency agreements under the country’s
Anti-Corruption Law (the “TCA”).[1] The Comptroller-General’s Office (the “CGU”), Attorney-General’s Office (the “AGU”), Ministry of Justice and Public Security (the “MJSP”), and Federal Court of Accounts (the “TCU”) already have executed the TCA, which the Supreme Court (the “STF”) mediated. The Federal Prosecution Service (the “MPF”) is listed also as a signatory and discussed in various provisions, but has not yet executed the TCA. Four days later, the Permanent Advisory Commission on Leniency and Collaboration Agreements of the MPF’s 5th Chamber of Coordination and Revision (the “5th Chamber”)—which focuses on anti-corruption efforts—issued a detailed Technical Note advising the head of the MPF against doing so.[2]