Colaboração premiada : aspectos jurídico-constitucionais, éticos e de política criminal

Abstract

This paper presents a critical analysis of plea bargaining, addressing its concept, legal nature and historical origin, both in the global context and in Brazil. It examines the application of this institute in countries such as Italy and the United States and discusses relevant and controversial aspects related to the legal-constitutional, ethical and criminal policy fields in line with the principles of a democratic State under the rule of law. This institute is confronted especially with the principles of individualization of penalties, the principle of mandatory criminal action, the collaboration of imprisoned defendants, the assessment of evidence obtained, the impacts on fundamental guarantees and the impact on democracy. The study proposes a reflection on the possible damages resulting from the indiscriminate application of plea bargaining, especially with regard to the protection of fundamental rights and the balance of the legal system. The hypothetical-deductive method is adopted, supported by bibliographic and documentary research in which the harmful effects of this institute are demonstrated according to the teachings of scholars and some judgments used to illustrate the risks that the indiscriminate use of this institute can generate for our Democratic State under the rule of law.