Post by xyz3600 on Feb 25, 2024 6:06:32 GMT
To fine-tune the performance of different bodies in leniency agreements, it is not enough for members of the institutions to talk improvisedly about the commitment. It is necessary for the leadership of entities such as the Public Ministry, courts of auditors, prosecutors and controllers to establish protocols for the celebration of these commitments. The suggestion comes from lawyer Paulo Cezar Pinheiro Carneiro, professor at the State University of Rio de Janeiro. This Monday (2/9), he participated in the seminar The role of the Judiciary in the resumption of development in Rio de Janeiro , at the Escola da Magistratura. The event is organized by ConJur . "Which is the best way to sign leniency agreements? It's the one that is best equipped for this", stated the jurist. The problem, in his view, is that there are several bodies competing to celebrate these commitments.
Each of them has a view on the terms. For example, the MP is more focused on criminal prosecution. And the institutions have a management problem – something widespread in Brazil, according to the professor. To make matters worse, the entities don't talk to each other. The way to improve this scenario and increase legal security, according to Carneiro, is for the heads and higher bodies of the MP, courts of Middle East Mobile Number List auditors, prosecutors and controllers to establish protocols for leniency agreements. Paulo Cezar Pinheiro Carneiro also stated that, with regard to repairing the damage, one cannot either ask for the unavailability of the company's assets – which makes its economic activity unfeasible -, nor do anything, as it could convey the image that the executives involved with illicit acts went unpunished.
In the jurist's view, directors and advisors who committed crimes should be removed from the company, and their shares sold. However, public bodies cannot demand more than the companies can pay, making compensation for the damage, payment of the fine and economic activity unfeasible.The tj-sp did not hear about the appeal because, in september, it confirmed the legality of avianca's plan . Thus, according to the rapporteur, judge ricardo negrão, the "matter returned in this appeal was the subject of a collegial decision, which prevents its knowledge, as it is prejudiced". Negrão was the losing vote in the trial that validated avianca's plan. He voted to declare the airline bankrupt. But it has followed the position of the majority of the board in the successive appeals from creditors that reach the tj-sp, as in the case in question. According to the judge, the arguments of these labor creditors were overcome in the september vote, "so that the present judgment remains hampered by the supervening loss of appeal interest". The decision was unanimous.
Each of them has a view on the terms. For example, the MP is more focused on criminal prosecution. And the institutions have a management problem – something widespread in Brazil, according to the professor. To make matters worse, the entities don't talk to each other. The way to improve this scenario and increase legal security, according to Carneiro, is for the heads and higher bodies of the MP, courts of Middle East Mobile Number List auditors, prosecutors and controllers to establish protocols for leniency agreements. Paulo Cezar Pinheiro Carneiro also stated that, with regard to repairing the damage, one cannot either ask for the unavailability of the company's assets – which makes its economic activity unfeasible -, nor do anything, as it could convey the image that the executives involved with illicit acts went unpunished.
In the jurist's view, directors and advisors who committed crimes should be removed from the company, and their shares sold. However, public bodies cannot demand more than the companies can pay, making compensation for the damage, payment of the fine and economic activity unfeasible.The tj-sp did not hear about the appeal because, in september, it confirmed the legality of avianca's plan . Thus, according to the rapporteur, judge ricardo negrão, the "matter returned in this appeal was the subject of a collegial decision, which prevents its knowledge, as it is prejudiced". Negrão was the losing vote in the trial that validated avianca's plan. He voted to declare the airline bankrupt. But it has followed the position of the majority of the board in the successive appeals from creditors that reach the tj-sp, as in the case in question. According to the judge, the arguments of these labor creditors were overcome in the september vote, "so that the present judgment remains hampered by the supervening loss of appeal interest". The decision was unanimous.