O processo penal como um jogo: uma análise crítica da delação premiada à luz da teoria dos jogos

Abstract

The core of the presente Project consists of analyzing criminal prosecution as a true game in view of the Game Theory, developed mainly by John Neumann, notedly as negotiated justice, which the main exponential in the Brazilian legal order is the winning award (plea bargaining), foreseen especially in Law n. 12.850/2013. The criminal prosecution game must be seen in its dynamic modality, with imperfect and incomplete informations, on what becomes necessary, besides of knowledge of positive law, the ability and professionalism of the players of accusation and defense. On the battlerfields, which are called, in legal language, courts, amateurs players face difficulties to survive, where there is no room for static and immutable criminal procedure law, such as the Brasilian code of criminal procedure. Each game is unique, being influenced by endoprocessed features, like personal desires of the lato sensu player, and by external agentes, amongst, the media. Therefor, only by the true bias of criminal prosecution it is possible to understand and perform the negotiations, always with the consciousness that the best for yourself may not be the best by a collective point of view and there are trumps, bluffs and doping in the scope of the games. To decipher and comprehend what are reasons and motivations that lead a defendant on collaborating with the other player in exchange of several benefits passes through knowledges of psychology, which are, in theory, unrelated to this research, although which will be analyzed summarily and sufficiently, focusing on the coercivity of the purpose offered by the state prosecution.