A efetividade da delação premiada como instrumento de controle do crime organizado

Abstract

Due to the complexity and the multifaceted character of organized crime, the traditional procedural instruments used for the investigation of the individualized crime became innocuous. Given their special characteristics, the criminal organizations have showed a lot of resilience against the institutes and legal mechanisms devised for the control of ordinary crime. Therefore, the lawmakers, in several countries, have devised a set of measures and procedure tools which target that special form of criminality. Taking the American plea bargaining as a model, several countries from Europe and Latin America set up their own similar legal device, such as the pentiti in Italy and the delação premiada (rewarded delation) in Brazil. This study aims to assess, through deductive and dialectical method, the effectiveness of the procedure cooperation by the defendant, knows in Brazil as “rewarded delation”, as apparatus able to combat organized crime. It’s the aim of this study to analyze the institute of delação premiada in the light fundamental postulates of criminal and criminal procedural law, its origin, the historical evolution in the Brazilian legal system, and the procedural application harmonized with the Constitution of Republic. It was concluded then that the institute is able to achieve its main purpose, without hurting the rights and guarantees fundamental, which is to operate as an effective instrument of control of the organized crime.