O Termo de Compromisso de cessação e o Acordo Administrativo em Processo de Supervisão na esfera de atuação do Banco Central do Brasil

Abstract

Law 13.506/2017 established the Commitment Decision to stop infringement and the Administrative Settlement in Supervision Process as possible consensual means to settle disputes within the scope of the sanctioning administrative proceeding carried out by the Central Bank of Brazil. Based both on interpretation of the rule and on bibliographic review, this paper sought to describe the requirements and effects of these two consensual means, as well as the procedure for their execution, in comparison with their counterparts provided for in the Antitrust Law. Such a strategy has demonstrated that the non-requirement of admission of infringement as a requisite to enter into a Commitment Decision and the absence of criminal immunity under the Administrative Settlement in Supervision Processes can be deemed a disincentive to confessing the infringement and collaborating with investigations in the administrative sanctioning process within the Central Bank’s sphere of action.