Uma análise da colaboração premiada como instrumento de política criminal do atual processo penal brasileiro.

Abstract

In the face of the growing growth of crime and the complexity and sophistication that the penal types have acquired, we can see the growing difficulty that the State has in relation to the fight against crime. In view of this, it was verified the need of the Brazilian criminal policy in instituting new mechanisms of obtaining evidence that would assist the State in its punitive intervention. In this context, the legal system of the plea bargaining appears in the legal framework of the country. Although the plea bargaining has been envisaged in Brazil in several legal devices since the 1990s, it was with the advent of Law No. 12.850 / 2013, the Law of Criminal Organizations, that the institute was, in fact, properly regulated. The plea bargaining is defined as a special investigative technique in which the collaborating agent, who is a contributor or participant, confesses that he participated in the criminal offense and, in addition, provides information that assists the State in criminal prosecution in exchange for some of the prizes legally foreseen. To honor these legal awards, it should be noted that the plea bargaining provided by the agent must generate some of the results also provided by law. In this conjecture, the problematic that guided the present work was: in what way the institute of the plea bargain is effective as instrument of criminal policy of the current national criminal procedure? To answer this question, the overall objective of the work is to analyze the efficiency of the plea bargaining provided in Law 12.850 / 13 as an instrument of criminal policy in the current Brazilian criminal procedure. As far as the adopted methodology is concerned, the study carried out uses the deductive method; exploratory medium; of the bibliographical technique and, finally, of the qualitative approach. In order to do so, with regard to the methodology adopted, the study carried out uses the deductive method; the exploratory medium; the bibliographical technique and, finally, the qualitative approach. In view of the above, it is noted that the plea bargaining is an effective means of criminal policy since it provides assistance to the State in relation to criminal prosecution of infractions, so that, without the aid of the collaborator, it would not be possible given the complexity of crimes. The use of the plea bargaining, in fact, provides greater effectiveness in the jurisdictional provision of the State and the consequent achievement of the desired social peace.