Colaboração premiada e (in)suficiência probatória

Abstract

The present study has as its main objective the demonstration of the low evidential value of testimonies in terms of award-winning collaboration agreement (plea bargaining) in criminal proceedings, since that this means of obtaining evidence is still used as the basis for several decisions contrary to the system of constitutional guarantees. Therefore, it will make a proposal that aims to place the system of criminal procedural nullity as the core for the righteous understanding of the institute, specifying the types of vices or legal defects that may arise in all stages of the conclusion of the agreement, and notably when it has a disproportional value. Imposing as a legal consequence absolute nullity or nonexistence, depending on whether the non-compliance of the act refers to an essential or structural element, with the demonstration of normative calculation to help substantiate criminal decisions. In order to achieve these objectives, qualitative research will be carried out analyzing judgments of the last 5 (five) years on the matter in superior courts, focusing on the change promoted by §16 of article 4 of law 12,850/2013, as well as the most recent studies on the doctrine about the institute of the mentioned agreement.