REFLECTIONS ON THE OVERLAP OF PENAL AND ADMINISTRATIVE SANCTIONS FROM THE PERSPECTIVE OF THE BRAZILIAN ANTI-CORRUPTION LAW - DOI: 10.12818/P.0304-2340.2024v84p17

Abstract

This article aims to discuss the intersections
and distinctions between Criminal Law and
Administrative Sanctioning Law in the context
of Brazilian anti-corruption legislation,
particularly Law No. 12,846/2013. It seeks to
analyze how these branches of law overlap in
terms of sanctions applicable for corrupt acts,
questioning the legitimacy and implications
of such an overlap. The research will utilize
a multidisciplinary literature review on the
topic, specifically related to Criminal Law
and Administrative Law, demonstrating the
limits and possibilities within the legal system
to ensure the effectiveness of anti-corruption
legislation without compromising fundamental
rights. It is identified that despite operating in
seemingly distinct spheres, there is significant
convergence in the sanctions applied within
the scope of corrupt practices, which may
lead to duplications or legal inconsistencies.
Therefore, the contributory intention lies in
the appropriate understanding of the legal
principles governing administrative and penal
sanctions, highlighting the need for coherent
interpretation that avoids contradictions
and strengthens the effectiveness of anticorruption
measures.

KEYWORDS: Overlap of Sanctions. Criminal
Law. Administrative Sanctioning Law. Anti-
Corruption Law.