Atlas · Compliance
Maximum reduction ratio of the fine in leniency agreements is two-thirds
AnswerThe leniency agreement allows for a reduction of up to 2/3 (two-thirds) of the fine applicable to the legal entity for harmful acts against the public administration, in accordance with Law n.º 12.846/2013.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Criterion | Consequence | Source | Data date |
|---|---|---|---|---|
| Legal entity | Leniency agreement | Reduction of up to 2/3 (two-thirds) of the fine value | Law 12.846/2013, art. 16, § 2.º | 01/08/2013 |
Data consulted on 02/10/2026.
Basis
- Law n.º 12.846/2013 (Planalto, in Portuguese): art. 16 establishes the conditions for entering into leniency agreements and § 2.º defines the maximum fine reduction.
- Law n.º 6.404/1976, compiled (Planalto, in Portuguese): this regulation governs the capital market and corporations, without addressing leniency agreements or the reduction of sanctions for harmful acts against the administration.
How it applies
A legal entity may sign a leniency agreement with public agencies when it effectively collaborates with investigations, provided it identifies others involved and provides documents proving the illicit act. The reduction of up to 2/3 of the fine is conditioned upon admitting participation in the illicit act, ceasing involvement in the infraction, and full and permanent cooperation with the process. The benefit does not exempt the company from the obligation to fully repair the damage caused.
Limits
- This sheet is based strictly on the original text of Law n.º 12.846/2013, considering the current provision regarding the 2/3 reduction.
- This document does not address revoked or expired Provisional Measures cited in the source, nor subsequent judicial or administrative interpretations regarding the extent of the benefits.
- Full reparation of damages is mandatory and is not subject to reduction through the leniency agreement.
- Subsequent legislative changes and complementary normative acts should be verified directly from the official Planalto source.