Colaboração premiada

Entre fatos e teses

Abstract

This paper deals with a theme that divides opinions in the Brazilian legal scenario: the awarded collaboration as a criminal legal business. Critics point out that the use of the institute implies recognizing the failure of the state to fight organized crime, aligning itself with punitive aspirations, under false discourse to combat crime. However, it has been increasingly used, especially in criminal cases involving corruption, miscellaneous crimes against public administration, money laundering, among others that are complexly structured, which, in themselves, require more refined investigation techniques. in view of probative and investigative difficulties. Thus, it is intended to justify the use of collaboration agreements, as a useful tool for criminal prosecution, only when they observe constitutional rights and guarantees and when they meet typical structural requirements. Therefore, this article, considering the lack of solidified theses on the subject, without dealing with specific cases appreciated by the Brazilian justice and without the slightest pretense of exhausting the theme, traces a historical evolution of the business elements with influence on Brazilian Criminal Law, building concepts. and drawing grounds from the literary review and review of judgments made by the Supreme Court.