Colaboração premiada

• Autor(a) principal: Albuquerque, Filipe Augusto Azevedo de
• Data de Publicação: 2020
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/106605
• topic: Colaboração premiada; Delação premiada; Crime organizado; Award-winning collaboration; Prize-giving; Organized crime; Direito

The fight against organized crime must be a State policy, this is evident when dealing with public security policies. For this reason, we are dealing with award-winning collaboration, a means of obtaining evidence, which primarily aims to combat organized crime and to more successfully tackle complex crime. Thus, we started this thesis with the approach of international legislation that aims to regulate the treatment related to transnational crime, this is quite evident, taking into account the multiple network of relationships that exist between criminals from various countries. Taking a historical tour, we can see that the United Nations has always had a different perspective on transnational crime and it was for this reason that the negotiations started at the fifth congress on the treatment of criminals in 1975. After this event, there was in fact a great evolution which culminated in the definition of transnational crime by the Palermo Convention, it established six main characteristics, which we can consider as a criminal organization. After that, after analyzing several international diplomas on transnational crimes, we arrived at the Mérida Convention, where there was a clear mention of award-winning collaboration as a means of obtaining evidence and fighting organized crime. But all this international legislation would be of no use if there was no provision in the diploma of the signatory countries. For this reason, we started the comparative study, making an analysis of organized crime in facts and in numbers in Brazil and Portugal, so inevitably in the Brazilian case, the approach of the origin of the CCP and its current performance could not go unnoticed, as well as the statistical crime figures in Portugal, which point to an increasing trend in certain points of crime. In the same tone, continuing the approach on this comparative study, we approached the means of obtaining evidence both in Portugal and in Brazil, this was of paramount importance, given that we consider the winning collaboration as a means of obtaining evidence. For this reason, a thorough study pointing out the differences and similarities was necessary. Finally, we approach the award-winning collaboration, initially as a public policy to combat organized crime, and soon after we address the recent Brazilian legislative change brought about by Law 13,964 / 2019 as well as the Portuguese legal provisions, in order to arrive at the conclusion that Portugal has a legislation, even if dispersed, on the winning collaboration, but which effectively does not have legal certainty between the employee and the legal entities, which prevents its full implementation.