A colaboração (delação) premiada no Brasil e a problemática quanto a sua constitucionalidade e caráter ético

Abstract

The Brazilian alike "plea bargain", widely used in other countries as an enlightening instrument and prevention means to organized crime, is a legal trade, part of the criminal procedure on legal evidence handling it is prominent in nowadays Brazilian juridical order, especially in regard to ―white-collar" crimes where politicians and businessmen are involved. The institute, even existing in the country for centuries, came to be ordained more effectively in recent years, notably 2013. It is noticeable though that this reality brought altogether numerous controversies that are common to it. Therefore, the present work promotes a study of the Brazilian alike "plea bargain", aiming to analyze the issue from an ethical and constitutional standpoint. To do so, the method followed was the deductive approach, considering the current legislation, the understanding of the courts and the bibliography concerning the subject, thus far operating with the support techniques of bibliographic and document research. The discussion developed at the research allows different comprehensions of the Brazilian alike "plea bargain" facets, its main criticisms, regulations and difficulties. Thus far one can concluded that the institute of the Brazilian alike "plea bargain", despite presenting controversial points, such as the prediction of silence renunciation, Is endowed with constitutionality, even internationally stated and declared, as done by the German International Court and the European Court of Human Rights, and recognized in the country by the Brazilian Federal Supreme Court.