Provisional Measure No. 703, Of 18 December 2015

Original Language Title: Medida Provisória nº 703, de 18 de dezembro de 2015

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PROVISIONAL MEASURE # 703, OF December 18, 2015

Alters Law No. 12,846, from 1º August 2013, to dismiss leniency deals.

THE REPUBLIC OF THE REPUBLIC, in the use of the attribution that confers you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:

Art. 1º Law No. 12,846, from 1º August 2013, passes vigorously with the following changes:

" Art. 15. The commission designated for ascertaining the liability of legal person, after the establishment of the administrative proceedings, will give notice to the Public Prosecutor's Office of its existence, for the ascertainment of any (NR)

" Art. 16. The Union, States, the Federal District and Municipalities will be able, within the framework of their powers, by means of their internal control bodies, in isolation or in conjunction with the Public Prosecutor's Office or the Public Advocacy, to conclude agreement of leniency with the legal persons responsible for the practice of acts and for the facts investigated and provided for in this Act to collaborate effectively with the investigations and the administrative process, so that this collaboration results:

I-the identification of the others involved in the infraction, when couber ;

II-to obtain information and documents that substantiate the reported infraction or under research ;

III-the cooperation of the legal person with the investigations in the face of its responsibility objective ; and

IV-the commitment of the legal person in the implementation or improvement of mechanisms internal integrity.

§ 1º .......................................................................................................................

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III-the legal person, in the face of his objective responsibility, co-operate with the investigations and with the administrative process, attending, under your expenses, whenever requested, to all procedural acts, until its closure ; and

IV-the legal person commits to implement or to improve internal mechanisms of integrity, auditing, encouraging complaints of irregularities and effective application of code of ethics and conduct.

§ 2º The leniency agreement concluded by the administrative authority:

I-shall exempt the legal person from the penalties provided for in the inciso II of the art caput. 6º and the restrictive penalties for the right to bid and hire provided for in Law No. 8,666 of June 21, 1993 and other standards dealing with tenders and contracts ;

II-will be able to reduce the fine provided in the inciso I of the art caput. 6º by up to two thirds, not being applicable to the legal person any other penalty of a pecuniary nature arising from the infractions specified in the agreement ; and

III-in the event that the legal person is the first to firm the leniency agreement on the acts and investigative facts, the reduction could reach up to its complete remission, not being applicable to the legal person any other penalty of a pecuniary nature stemming from the infractions specified in the agreement.

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§ 4º The leniency agreement will stipulate the conditions necessary to ensure the effectiveness of the collaboration and the useful outcome of the administrative process and when stipulating the obligation to repair the damage may contain clauses on the form of amortization, which consider the economic ability of the legal person

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§ 9º The formalization of leniency deal proposal suspends the prescrical deadline at relating to the acts and facts objects of ascertainment provided for in this Act and its celebration interrupts it.

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§ 11. The leniency agreement concluded with the participation of the respective Public Advocacies prevents the celebrants from helping or proceed with the actions of which they treat art. 19 of this Act and the art. 17 of Law No. 8,429 of June 2, 1992, or of actions of a civil nature.

§ 12. The leniency agreement concluded with the participation of Public Advocacy and in conjunction with the Public Prosecutor's Office prevents the help or continuation of the action already helped by any of the legitimization of the actions mentioned in § 11.

§ 13. In the absence of internal control organ in the state, the Federal District or the Municipality, the leniency agreement provided for in the caput will only be celebrated by the head of the respective Power in conjunction with the Public Prosecutor's Office.

§ 14. The leniency agreement after it has been signed will be forwarded to the respective Court of Auditors, which may, in accordance with the inciso II of the art. 71 of the Federal Constitution, to institute administrative procedure against the legal person celebrating, to ascertain injury to the eryary, when it is understood that the constant value of the agreement does not meet the provisions of § 3º. " (NR)

" Art. 17. The public administration may also enter into leniency agreement with the legal person responsible for acts and investigative facts provided for in standards of tenders and administrative contracts with views on exemption or mitigation of sanctions restrictive or impetuous to the right to bid and hire. " (NR)

" Art. 17-A. Administrative proceedings regarding tenders and contracts under way in other organs or entities which verwithout on the same object of the leniency agreement should, with the conclusion of this, be overstated and subsequently filed, in the event of full compliance with the agreement by the legal person. " (NR)

" Art. 17-B. Documents perhaps brought together during the process for drafting the leniency agreement should be returned to the legal person when it does not occur to the conclusion of the agreement, not remaining copies in power of the celebrating bodies. " (NR)

" Art. 18. In the administrative sphere, the responsibility of the legal person does not depart from the possibility of his or her accountability in the judicial sphere, except where expressly provided for in the celebration of leniency agreement, noted the provisions of § 11, para. 12 and # § 13 of the art. 16. " (NR)

" Art. 20. ...............................................................................................................

Single Paragraph. The proposal of the leniency agreement could be made even after eventual aiding of the cableable actions. " (NR)

" Art. 25 ...............................................................................................................

§ 1º In the administrative or judicial sphere, the prescription will be interrupted with the introduction of process that has per object the probing of the infraction. § 2º Applies the provisions in the caput and § 1º to the illicit illicit tenders in standards of tenders and administrative contracts. " (NR)

" Art. 29. .............................................................................................................

§ 1º The leniency agreements concluded by the internal control bodies of the Union, of the States, of the Federal District and the Municipalities will count on the collaboration of the organs referred to in the caput when the acts and ascertained facts entail the infraction there at the same time. .

§ 2º If there is no material contest between the intended infraction in the caput and the illicit contemplated in this Act, the competence and procedure for the conclusion of leniency agreements will observe the provision in Law No. 12,529 of November 30, 2011 and the said celebration will contain the participation of the Public Prosecutor's Office. " (NR).

" Art. 30. Salvaged the hypothesis of leniency agreement that expressly includes them, the implementation of the penalties provided for in this Act does not affect the processes of accountability and application of penalties arising from:

I-act of administrative improbity under Law No. 8,429 of 1992 ;

II-unlawful acts achieved by Law No. 8,666 of 1993, or by other standards of tenders and public administration contracts, including with regard to the Differentiated Scheme of Public Contreats-DRC, instituted by Law No. 12,462 of 2011 ; and

III-infractions against the economic order under Law No. 12,529 of 2011. " (NR)

Art. 2º Stay revoked:

I-o § 1º of the art. 17 of Law No. 8,429 of June 2 de1992 ; and

II-the inciso I of § 1º of the art. 16 of Law No. 12,846, from 1º August 2013.

Art. 3º This Provisional Measure shall come into force on the date of its publication.

Brasilia, December 18, 2015 ; 194º of Independence and 127º of the Republic.

DILMA ROUSSEFF

Jose Eduardo Cardozo

Nelson Barbosa

Louis Inácio Lucena Adams

Valdir Moysés Simão