A importância da colaboração premiada cominada a uma análise acerca da necessidade de regulamentação específica no Direito Penal brasileiro.

Abstract

The plea bargain has expanded to becoming a national polemic, being very widespread in several media. The collaboration arises with the aim of motivating the accused to bargain the coauthors of the crime and in exchange for this collaboration receives a certain prize, ranging from a reduction of sentence to the judicial forgiveness itself. Therefore, the plea bargain would be a kind of prize. The main motivation of the choice of this theme is due to the fact that it is a subject of extreme importance, which in recent years has been gaining more visibility in the face of anti-corruption operations, and also because it is understood that, even though it is an important institute, there are several gaps. The great difficulty of the plea bargain is that there are several with specific laws regulating this institute, this variety of laws that regulate it, each with its peculiarity, makes it very difficult to place the delation in a pattern that works for all those crimes that make possible to use or the lack of a more specific procedure that better delimits this institute, that still has diverse ethical and constitutional divergences, that demonstrate its bad normatization. In this vision, the present work will approach as a general objective the plea bargain, bringing its historical, ethical, constitutional and procedural aspects and problems. Lastly, there is a need for more specific legislation to appease topic. To do so, it uses the method of deductive approach, referring to a bibliographical research, aiming to deduce a more general analysis that deals with the institute of the plea bargain and following specific aspects such as its ethical, constitutional and procedural problems. From the reasons mentioned, the following question of the topic under analysis emerges: does the plea bargain really need specific legislation to have full operation? With this, it has noticed that the importance of the topic in study is unquestionable, since it takes care of crimes whose consequences are serious and often incalculable, not dealing only a specific crime but all the crimes those who somehow cover criminal organizations, leading this institute to dozens, hundreds of crimes.