A delação premiada como instituto de repressão as organizações criminosas.

Abstract

The technological advance brought considerable improvement of the quality of life human being, however crime of frightful form alavancou. As much is thus, that the criminal organizations had grown vertiginously with the easinesses of communications, of form that information circulate the world in questions of seconds. To restrain the crime never organized was easy task, a time that the organizations delinquents are waterproofed by the law of silence and for the imposition of the fear that imposes to the society. In these molds, these associations if had built in a base sufficiently consolidated, intensifying its influence of overwhelming form and blocking the state action in its run down. Ahead of this reality, the State if became impotent to fight the organized crime, and found in the delation awardee an alternative to restrain the criminal organizations and to reestablish the peace social. This institute already very applied in international legal systems brought positive effect in the restoration of the public order, the example of the Operation Clean Hands deflagrada in Italy to restrain the siciliana Mafia. Another example of application of the delation awardee occurs in the plea bargaining of the American right, in virtue of the incidence of the beginning of the chance that guides the criminal actions, granting to the Public prosecution service the incumbency in considering the negotiation of deals. With the intention to restrain crimes against the King, the delation awardee arrived at Brazil, with the Ordinances Phillipino, but that it was institutionalized with more democratic characteristics and with defined contours more in the decade of 90 through the law of hideous crimes. From now on, the Brazilian legislation was stuffed with the institute, with notoriety for Law 12,850/2013, that it guided the procedure of the delation awardee in the processes of the Operation Washes Spurt. For the confection of the present study it will be used of the methods deductive, historical and systematic. Already the procedure will use the bibliographical research and published book analysis, magazines and scientific articles with boarding on the subject. Of this done, objective one to clarify, without exaurir the questionings on the subject, the effectiveness of the delation awardee in the repression to the crime organized.