Aspectos críticos da delação premiada no Brasil

Abstract

Award delation, a kind of bargaining justice introduced in Brazil, is a criminal procedural institute that encourages the perpetrator of a criminal act to expose individuals who have committed such a crime in exchange for the granting of criminal or procedural benefits. With Operation Lava Jato, the Awarding award received a lot of attention in the Brazilian social scene and became known as an important resource to fight criminal organizations. However, the popularization of the institute has been causing great uncertainties regarding the disrespect for constitutional limits. The present work intends to compose a critical narrative about the institute of the Award Delation in the Brazilian legal system, in which the controversies regarding the use of Award Delation agreements in the current criminal scenario will be analyzed, from the perspective of the principles of the criminal process ensured by Federal Constitution, which are strictly put to the test, or otherwise, neglected, when used. The methodology used in this work was the bibliographic research together with the interpretation of legal provisions of our normative system and scientific articles related to the theme. Through this academic work, it was concluded about the convenience of means of control within the scope of the awarded sentence, which would only be possible through a legislative reform, which must define constitutional limits, since the success in combating the criminal context must be in harmony with procedural guarantees of the constitution and its respective principles.