A delação premiada no combate às organizações criminosas: uma análise do instituto na operação Lava Jato.

Abstract

The plea bargain has been used in Brazil and in other countries of the world as an instrument capable of restraining and preventing the exponential increase of organized crime, due to the difficulty and impotence of the State in reprimanding the performance of these groups. With the dissemination of the practices of these groups in various sectors of society, this alternative gained a great notoriety. In this scenario, the present body of work has as its theme the plea bargain in combating criminal organizations: an analysis of the institution in Lava Jato Operation. The purpose of this research is to analyze the use of the plea bargain as an instrument capable of restraining the performance of criminal organizations in the conjuncture of the greatest research on organized crime in the Brazilian territory, the famous Lava Jato Operation. This investigation uncovered a giant criminal empire within state-owned Petrobras, highlighting a corruption and money laundering scandal involving public officials, politicians and renowned contractors in the country, in which the utilization of the plea bargain institution was fundamental in advancing the investigation. The research introduces as problematic the questioning of the effectiveness of the plea bargain in the repression of the criminal organizations in the context of Lava Jato Operation. The aim of this study is to analyze the special investigative technique, the plea bargain, to perceive the criminal organizations and their main peculiarities under the vision of the relevant legislation, and the application of this means of obtaining evidence during Lava Jato Operation, reporting the main criticisms and favorable arguments, and the demonstration of results obtained with the agreements celebrated. In order to reach these objectives, the research used the deductive and historical method, and the bibliographic research technique, using mainly doctrines and pertinent legislation on the subject, in addition to the case study of Lava Jato Operation, analyzing the plea bargain in this investigation. This research shows that the application of this institution is necessary for the state authorities to obtain real truth in the course of investigating criminal practices of criminal organizations and effectively combat them.