Uma análise da teoria ''Queen for a day'' no processo de colaboração premiada à luz da Lei 12.850/13.

Abstract

With constant social development and the consequent advance of criminality, it is the duty of lawmakers to seek ways of adapting norms to the new reality of the population, obtaining mechanisms to deal with organized crime. In this sense, and guided by Law 12.850 / 13, the Prize-winning Collaboration Institute emerges as a special means of obtaining relevant information about a particular Criminal Organization, its performance and, most importantly, the identification of its members and the participation of each one in the crimes committed. In general, we will look at the origin of these groups under analysis of the global scope, establish the concept and main characteristics of Criminal Organization, differentiate it with the terms Criminal Association and Militia, and bring the social, economic and juridical in the Brazilian territory, of the criminal organizations of Brazil. The study of the evidence in the criminal process, from the historical aspects and object of the test, will be emphasized, permeating by its means and elements, as well as its classification and production, to the species of evidence, emphasizing, then, the as a special means of obtaining evidence, evidencing its origin, correlation with the Awarded Deliber, operation established by Law 12.850 / 13, effectiveness in combating organized crime, and, finally, the importance of the mechanism established by the theory "Queen for a Day", in front of this institute. For the preparation of the present study we will use the deductive and historical methods. The procedure will be based on bibliographic research, with an analysis of books, journals and scientific articles published with an approach on content. This time, it is intended to clarify, without exhausting the questions on the subject, in what way it is possible to guarantee due process of law for the potential accused / collaborator in an award winning collaboration process, so that he / she does not feel intimidated to cooperate with the investigation procedure? It should be pointed out that with the increasing increase in the practices of crimes committed by these organizations, and the State's difficulty in apprehending and punishing its members, especially those of the higher hierarchy, it is necessary to apply instruments that may help in the fulfillment of the strict duty cool.