Eficiência e garantismo: um debate acerca da legitimidade da colaboração premiada

Abstract

Despite the recent achievements through the use of award-winning collaboration in criminal prosecution of those involved in large criminal organizations, the institution still provokes heated debates in the legal world. In this sense, the present theoretical construction has as scope a detailed analysis about the legitimacy of the “plea bargain” in the mold of art. 4º and following of the Brazilian Federal Law nº 12.850 of 2013 (Law of the Criminal Organizations). In order to do so, it is sought to highlight and classify the main characteristics of the institute and, above all, from an empirical analysis, made possible by the recent awarding agreements negotiated between the Federal Public Ministry and collaborators investigated in the so-called "Lava-Jet Operation ", To verify how the institute has been used in practice and to examine the existence of violations of constitutional principles, as well as violations of the Brazilian legal system in its application.