Banca de DEFESA: Maximiliano Ferreira Tamer

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Maximiliano Ferreira Tamer
DATE: 04/07/2023
TIME: 10:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_MGVkYzM2MTYtYjY3NS00N2M2LTk0ZDItYzFjOWZjOWQ4N
TITLE:

"Anti-corruption Law and Administrative Concertation: The applicability of the civil non-prosecution agreement in administrative proceedings for the liability of private entities".

KEY WORDS:

Corruption. Anticorruption Law. Anticorruption Microsystem. Sanctioning Administrative Law. Accountability Systems. Administrative Consensuality. Theory of the Dialogue of Sources. Leniency Agreement. Civil Non-Persecution Agreement. Administrative Procedure for Holding Private Entities Accountable.

PAGES: 170
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation seeks, initially, to demonstrate the existence of a fundamental right of the citizen to live in a society free from the practice of corruption, whose nefarious effects imply the inefficiency of the State in the realization of the other fundamental and social rights provided for in the Federal Constitution and the very survival of the democratic regime. In light of the fundamental anti-corruption right, the Brazilian system for combating corruption is structured, integrated by relatively autonomous microsystems, systematically organized in accordance with the criteria of the sphere of action and the pertinent branch of law. From this perspective, the relationship between anti-corruption law and administrative sanctioning law is examined, as well as the insertion of the civil-administrative anti-corruption microsystem into the Brazilian anti-corruption system. Due to the organicity and systematization of the anticorruption microsystems, it is sought to demonstrate the communicability between the various microsystems, especially through the Dialogues of Sources Theory. In the sequence, once the anticorruption microsystems are established, the administrative consensus in the administrative sanctioning law is analyzed, especially in the anti-corruption law, highlighting the spaces for consensus currently provided in the Brazilian legislation and the intercommunicability between them, especially between the agreement of no civil prosecution in the process, provided in the Law of Administrative Improbity, and the leniency agreement, defined in Law n. 12.846/2013, which disciplines the process of verification of liability of legal entities.

COMMITTEE MEMBERS:
Interno - 1173633 - ALEXANDRE BERNARDINO COSTA
Externo à Instituição - CLÁUDIO DE CASTRO PANOEIRO - USAL
Interno - 2292593 - MARCIO NUNES IORIO ARANHA OLIVEIRA
Presidente - 2149902 - TARCISIO VIEIRA DE CARVALHO NETO