Based on empirical research, the book develops a critical analysis of the use of leniency policies in Brazil. Drawing on a comparative perspective with German Law, the book shows how the current practice of leniency policies in Brazil jeopardizes fundamental guarantees of criminal procedure. The book also draws on a growing body of economic literature to assert that leniency agreements have serious – albeit unnoticed – side effects and may lead to significant negative externalities. The book rejects the association of leniency policies with the ideal of “consensual justice” and affirms that these mechanisms represent a form of privatization of investigative and prosecutorial activities, exploring the expectations and risks of this process.
Francisco Schertel Mendes
Leniency policies Anti-corruption Kronzeuge Kronzeugenregelung Cartels Collaboration Agreements macro-delinquency in Brasilia prosecution of corruption networks Anti-corruption movement prosecution of economic crimes Brasilian anti-corruption movement