Quem Tem Competência Para Acordo de Leniência?

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Quem tem competência para acordo de leniência? Ou seja quem tem competência para celebrar acordo de leniência? Qualquer autoridade?

VUNESP (2017):

QUESTÃO ERRADA: Pessoa jurídica responsável pela prática de atos contra a Administração Pública, previstos na Lei Federal n° 12.846/13, que ensejam responsabilidade civil e administrativa, procura a Administração Pública do Município de Cotia, com intuito de colaborar na identificação dos demais envolvidos na infração e auxiliar na obtenção célere de informações e documentos que comprovem o ilícito. Em tal caso, a Administração: deverá encaminhar o representante da pessoa jurídica para o Ministério Público, já que o Parquet é quem pode firmar acordo de leniência.

Lei 12.846:

Art. 16. A autoridade máxima de cada órgão ou entidade pública poderá celebrar acordo de leniência com as pessoas jurídicas responsáveis pela prática dos atos previstos nesta Lei que colaborem efetivamente com as investigações e o processo administrativo, sendo que dessa colaboração resulte:

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I – a identificação dos demais envolvidos na infração, quando couber; e

II – a obtenção célere de informações e documentos que comprovem o ilícito sob apuração.

No caso da União:

§ 10. A Controladoria-Geral da União – CGU é o órgão competente para celebrar os acordos de leniência no âmbito do Poder Executivo federal, bem como no caso de atos lesivos praticados contra a administração pública estrangeira.

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