Colaboração premiada: uma análise do instituto à luz dos princípios constitucionais e de sua aplicação no curso da instrução criminal

Abstract

This present monography deals with the theme of the award-winning collaboration and aims to promote, mainly through doctrinal and jurisprudential arguments, the constitutionality, probative value and effectiveness of this institute. Such an approach is necessary because of the great controversies, doubts and problematic existing in the legal world on the application of such procedure. In general, we sought to clarify the concept of awarded collaboration, its historical origin in the Brazilian legal system and its main characteristics, as well as what are their practical effects in the legal world and whether its application violates, or not, the precepts of the Federal Constitution. Thus, an approach has been taken on some of the principles in which the premier institute unfolds, such as due process of law, in particular, the right to silence, contradictory, ample defense and prohibition of illicit evidence. In this respect, therefore, it focuses on the general aspects that surround the issues related to the topic, such as the unfavorable arguments that are imputed to it, its demystification, as well as the claims in favor of its use, also existing. It is concluded, therefore, that despite the criticisms made against the figure of the aforementioned preliminary procedure, it is shown as an instrument of great value to the State in the fight against crime, with the constant search for the dismantling of criminal organizations and for the elucidation of crimes committed by them, thus conquering the real truth, so desired in the scope of criminal prosecution.