A delação premiada e sua legitimidade frente aos princípios Constitucionais.

Abstract

The present monographic work makes a study about the plea bargain, aiming to understand its particularities and discuss its legitimacy in the face of constitutional principles and morality, elucidating how its use can, in fact, contribute to the reduction of crime and emphasizing the need for a regulatory law that clarifies the rules for its use. At first, the paper presents an analysis of the plea bargain in the light of constitutional principles, seeking to identify possible violations of constitutional norms by the applicability of the refered institute.Then, it discusses the general aspects that cover such an instrument, evidencing its historical origin, its application and the requirements to which it is submitted in accordance with current legislation. Finally, it presents opposing and favorable positions regarding the constitutionality of the use of this institute in the Brazilian legal system. Therefore, the present research is justified as it contributes to the promotion of critical and reflexive thinking about the legitimacy of the plea bargain and the need for specific regulation that can make its use clearer, safer and fairer. In order to achieve its objectives, the deductive method was used, with bibliographical research that made possible a critical analysis of the general aspects of the subject matter and used as primary sources the Constitution, laws, jurisprudence and doctrines, as well as secondary sources such as scientific articles and reports.