A delação premiada como instrumento de combate ao crime organizado: uma visão entre a ética e o punitivismo

Abstract

This work will show the Plea Bargaining, institute that gains strength with the notoriety of organized crime, consisting of the accused or suspect confession and subsequent fellow's denunciation in the delitiva contract, in exchange for benefits to be negotiated in an agreement with the prosecution , and subsequently ratified by the Magistrate. Elucidate also the evolution of Premial Law in Brazil and in the foreign legislation, from which it was imported. It is noticed that the use of the institute in the current national scenario is still the subject of debate, mainly because of the great controversies surrounding its implementation, even with the recent Law 12.850/13, which dealt with this particular theme, are there contrary and favorable arguments. Thus, from the critical analysis of the institute, especially in the light of the Constitution, with the aim of unravel if its use compromises the effectiveness of rights and prestigious principles by national law, leading to reflection if the plea bargaining is really necessary and appropriate.