On November 13, 2025, the Federal Prosecutor’s Office (“MPF”), through its 5th Coordination and Review Chamber, released the updated Guidelines for Companies: Entering into Leniency Agreements with the MPF. The document provides a practical guidance for companies interested in cooperating with authorities in the investigation of misconducts against the Public Administration.
The update reinforces the coordinated enforcement efforts provided for in the Technical Cooperation Agreement signed in 2025 between the MPF, Office of the Comptroller General (“CGU”) and Federal Attorney’s Office (“AGU”). It also consolidates the legal parameters provided in Law No. 12.846/2013 and Regulatory Decree No. 11.129/2022.
Among the key highlights, the manual details how the preparatory phase works, how companies should submit their expression of interest, the negotiation stages, the assessment of compliance program parameters, and the dosimetry factors applicable to sanctions. The document also clarifies the potential benefits for cooperating companies, including reduced penalties, maintenance of the right to bid and contract with the Public Administration, and greater legal predictability.
In addition, the guidelines include in its appendix a strategic checklist to assist companies through each phase of the process – from the initial expression of interest to full implementation of the agreed obligations.
For more information, please contact us.