Prisão preventiva e delação premiada: resquícios inquisitoriais na Operação Lava Jato?

Abstract

The purpose of this study is to investigate court orderings of provisional detention in “Operação Lava Jato” (Car Wash Operation) as a form of coercion, targeting the occurence of a plea bargain, in a clear retreat to the inquisitive system. An analysis of this practice was carried out based on comments and opinions by several jurists. The goal, in the first place, is to clarify the notions around criminal procedural systems. Secondly, in view of the relevance of the theme for the subject of this study, we briefly outline the institute of plea bargaining. Following, it is attempted to demonstrate the inconsistency that exists in the ordering of provisional detention based on, even if indirectly, the possibility of occurrence of a plea bargain. Finally, an analysis was made of the arrests ordered in Car Wash Operation and the relation of these with the institute of plea bargaining, arriving at the conclusion that the provisional detention as a coercion method aimed at the occurrence of a plea bargain is a clear retreat to the inquisitive system, which is inadmissible under the Federal Constitution of the Brazilian Republic of 1988, which imposes observance of the accusatory system and of the fundamental rights of the individual.