A legitimidade da persecução penal em meio à proteção de dados e os delitos associativos

Abstract

The present study, which serves the Course Conclusion, is intended to analyze and problematize the existing obstacles in the use of the reward law, which is provided for in national legislation through the institutes of awarded whistleblowing and awarded collaboration and, in this aspect, to highlight the lack of compatibility of these with the guarantor law, which is held in the constitutional heart. In turn, after a brief historical contextualization – based on the analysis of what is seen as premature informer in other legal systems, such as North America and Italy, and what was brought to the Brazilian legal system –, we seek to connect such apparatus of Criminal Law and Criminal Procedural Law to the principles of the Federal Constitution of 1988, as well as the dictates extolled by the new Law No. 13. 709/18, the General Law of Data Protection and, in particular, the principles of privacy and due legal process, using the latter legislation (the GLDP) in a comparative way with the other principles present in Law, which serve, in this sense, as beacons against the excessive use of the aforementioned institutes, showing, in this bias, the antithesis between the desire to protect the individual and the incentive to use means that mitigate this same need for protection, which are the whistleblowing or awarded collaboration.