On December 23, 2025, the CGU/AGU InterministerialOrdinance N.1/2025 ”Ordinance” was published, defining the criteria and procedures for the negotiation, execution, and monitoring of compliance with Leniency Agreements provided for in Brazil’s Law No. 12,846/2013 (“Anti-Corruption Law”).
The new Ordinance sets out in greater detail how these negotiations should take place, and reflects the innovations introduced by Decree No. 11.129/2022. As such, the regulation establishes clear criteria for the cooperation between the Office of the Comptroller General (“CGU”) and the Attorney General’s Office (“AGU”) throughout the entire process with the goal of providing greater predictability, transparency, and legal certainty to the instrument.
As one of the notable advances in the new Ordinance, the express regulation of the “marker” was introduced, meaning the formal provision that a legal entity may express its intention in advance to cooperate with authorities before completing its internal investigation, as a way to secure legal benefits.
The Ordinance also objectively defined technical parameters and clear methodologies for measuring the amounts owed, including the calculation of the benefit obtained by the legal entity and the assessment of its ability to pay in the context of the negotiations. In addition, the regulation also introduced mechanisms to preclude double jeopardy, preventing the same conduct from being punished more than once in different contexts, and strengthens the incentives for voluntary self-reporting, amplifying the possibilities for the maximum reduction of sanctions.
Therefore, by consolidating and updating these rules, the Ordinance strengthens legal certainty and predictability for companies and the authorities involved, while also reinforcing the role of Leniency Agreements as an effective instrument in the fight against corruption.
For more information, please contact Saud Advogados.