THE ROLE OF MERIDA CONVENTION IN THE MISCONDUCT IN PUBLIC OFFICE LAW REFORM: THE SUPRESSION OF ITS ARTICLE 17, PARAGRAPH 1, AND THE OPENING OF CONSENSUALITY POSSIBILITY BY MEANS OF THE CIVIL NON-PROSECUTION AGREEMENT (ANPC) AS A RESULT OF THE INCLUSION OF

Abstract

Changes in the global context, like the decrease of state control, the internationalization of financial and commercial transactions, and the spreading of information and communication, have created a favorable environment for the complexity and promotion of corruption. From this phenomenon, there is a worldwide preoccupation to solve such matters that affect the treasury, social rights, and the development of nations, particularly Brazil, a country where many criminal scandals took place, which made it necessary to accession to an important international instrument, which was the United Nations Convention against Corruption (UNCAC), also known as the Merida Convention. This legal instrument, already ratified by Brazil, was promulgated through Legislative Decree No. 5687 of January 31, 2006. It has aided the Misconduct in Public Office Law Reform (LIA) by assisting with changes in the internal legal system, along with the enactment of New Act No. 14.230/21 that modified Article 17, paragraph 1, which suppressed the prohibition on agreements, transactions, and reconciliations, and included Article 17-B, which admitted consensuality in the field of Misconduct in Public Office by means of a civil non-prosecution agreement (ANPC). The legal basis used was Article 37, paragraph 3, of the UNCAC, which allows for appropriate measures for any person who provides substantial cooperation in the investigation or indictment of crimes qualified under the Convention. It seems that by having a consensus in the scope of LIA, it is an evolution of the old conception of the unavailability of the public interest, currently corresponding, insofar as it can represent an effective instrument for punishing dishonest acts and preventing their occurrence.