Delação premiada: da importância do contraditório e da valoração

Abstract

The present work is aimed to analyze the importance of an adversarial procedure of informing the award. We analyze also the probative value of this denunciation produced in the process as a basis for conviction, as evidence suitable to dissipate the constitutional presumption of innocence of the third accused. To this end, the explanation began with a brief introduction premial the right, past the ethics of informing the institute awarded. Next, we analyze the prediction of the institute in Brazilian Law and the exhibition continues with the definition of whistleblower award, seeking to establish the legal status of the institute. It began, then, a critical analysis of the use of informers winning the Brazilian legal system, to define an application model, the institute that allows the exercise of the contradictory and full defense. Overcome this test, the study turns to the evaluation of the evidence against the whistleblower awarded constitutional guarantees of the accused and the presumption of innocence, demonstrating that the magistrate should follow an enhancement of care and to seek corroboration of the statements of the informer so that the whistleblower may be admitted as evidence and serve as the basis of the decree condemning, along with the other elements of the evidential record. From the critical analysis of the treatment received by the whistleblower awarded the Brazilian legal system, was proposed piece of legislation that provides procedural regramento for the institute and enable their integration into a democratic criminal proceedings in order to allow the effective exercise of the adversarial and the wide defense and ensure the principle of presumption of innocence. It was concluded then that the institute does not present risks to the procedural safeguards to which the accused is entitled by the mere abstract prediction that receives, but is the effective use of the whistleblower award that creates problems, as there is no legal procedure described in various rules governing the subject. From the application procedimentalizada, the institute awarded the whistleblower is able to achieve its main purpose, without hurting the rights and guarantees.