Uma análise das políticas de leniência antitruste e anticorrupção nacionais e as lições estrangeiras

Abstract

The present work intends to analyze, specifically, four models of leniency policies, two foreign (the European and North American programs), and two Brazilians (the national antitrust and anti-corruption programs). To this end, the characteristic elements and other particularities (such as its requirements, the steps that must be taken in the envisaged procedure and the benefits applicable to each of their modalities and species) of such leniency policies are examined. The scientific method predominantly used is the Hypothetical-deductive, which has as main references Mario Bunge and Karl R. Popper. The analysis carried out in the aforementioned leniency modalities aims to identify which of the identified characteristics has the strength to potentially impact, positively or negatively, on the effectiveness of such programs in fulfilling their objectives (increasing the number of detection of conducts that it seek to prevent, of the accountability of corporations and individuals involved in them, and their prevention rate so that they do not even materialize). All this effort is added to the analysis of data made available by the competent bodies (CGU, MPF, DOJ, European Commission and Cade), and obtained from the empirical study conducted by Jun Zhou, so that the effectiveness between American and European leniency policies could be compared the Brazilian antitrust and anti-corruption policies in order to identify which elements and peculiarities of these foreign programs contributed to its globally recognized success, and, which of these characteristics could be incorporated into the examined Brazilian policies so that their effectiveness can be optimized. It is concluded that a series of improvements could be applied to national antitrust and anti-corruption leniency policies (especially this last one) and, in the end, considerations and guidelines are outlined for the review of these programs in order to increase their effectiveness in achieving their aimed objectives.