TCU Approves Normative Instruction On Its Involvement In Leniency Agreements

On Wednesday, February 21, 2024, the Federal Court of Accounts (Tribunal de Contas da União, “TCU”) approved a new normative instruction regulating joint actions of the TCU and the Office of the Comptroller General of the Federal Government (Controladoria-Geral da União, “CGU”) in the negotiation of leniency agreements.

The regulation is the result of a technical cooperation agreement, signed in 2020 between the TCU, the CGU, the Office of the Attorney General of the Federal Government (Advocacia-Geral da União, “AGU”), and the Ministry of Justice and Public Security (Ministério da Justiça e Segurança Pública). It aims to establish clear criteria for TCU's participation in leniency agreements, especially those regarding the assessment of damages to the public Treasury, as well as limiting TCU's ability to impose additional sanctions, beyond those agreed upon in the collaborative agreement signed with the CGU/AGU.