Public Ministry should be the holder of leniency agreements, says American judge

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In the dispute over ownership of leniency agreements, the victor should be the Public Prosecutor's Office, at least for US federal judge Peter Messitte. In an interview with ConJur , the judge defended the authority's competence, claiming its role as guardian of criminal law.


Brenno Grillo
Peter Messitte defended that Cade or MP be the holders of leniency agreements.
ConJur
“Cade is another option, as it has the B2B Lead ability to defend the economy,” he said. Messitte also stated that the use of plea bargains in Brazil is very similar to that used in the USA, because they deal with crimes that involve conspiracy ( conspiracy , in English, which is a crime that only exists in the United States).

"These people who have already confessed their guilt are helping authorities identify other people responsible. And this represents the intention of the United States' plea bargain ."

In cases of abuse, which would involve arresting someone just to get a confession, "there is the option of Habeas Corpus", he stated.

Read the interview:

Conjur — How do you analyze the use of whistleblowing in Brazil?
Peter Messitte — I see similarities with the USA. I saw that whistleblowing is being used here especially in “lava Jato”. These people who have already confessed their guilt are helping authorities identify other people responsible. And this represents the intention of the United States' plea bargain .

Conjur — And the abuses committed through the institute?
Peter Messitte — If there is an abuse in the use of plea bargaining, it would be the idea of ​​detaining someone just to get a confession. If this occurs, in both countries, there is the option of Habeas Corpus. I remember a conversation I had with Rodrigo Janot [former PGR] in which he told me that 80% of “lava jet” allegations were made with people out of custody. They weighed the benefits of the agreement and accepted it.



Conjur — Who should have the authority to sign leniency agreements in Brazil?
Peter Messitte — It must be the Public Ministry. Because its main objective is to enforce criminal law. Cade is another option, as it has the ability to defend the economy. It would also be interesting if an agreement signed by the agency was approved by the Public Ministry or the judge.