Análise de aspectos controvertidos na aplicação da colaboração premiada (Lei 12.850/2013).

Abstract

The award-winning collaboration emerged in the Brazilian legal system in order to assist justice in coping with certain types of crimes, especially organized crime, with an instrument that has shown efficacy in the elucidation of crimes and dismantling criminal organizations, but has received criticism of the doctrine. In this sense, the objective of this study was to analyze the main controversial aspects related to the application of the award-winning collaboration. They discussed the emergence of this institute in Brazil, the application procedure and the contribution to the prosecution, showing the evolution of the award-winning collaboration by Brazilian law. As for the differences in the doctrinal field, the main controversies were discussed as to the constitutionality of the institute, the affront to principles and moral and ethical aspects as well as highlighted the main favorable and unfavorable positions the implementation of the award-winning collaboration. It could be observed that the mentioned institute, despite the many criticisms that still exist in the doctrinal field, has consolidated over time, evolving in the Brazilian legal system and presenting favorable court decisions. Thus, it was concluded, based on the discussions, the award-winning collaboration, despite the controversy, has shown efficacy in combating organized crime, a phenomenon that by other means would be an even greater challenge to the judicial activity of the state.