A (im)possibilidade de aplicação do instituto da colaboração premiada no curso de uma medida cautelar preventiva

• Autor(a) principal: João, Pedro Apolinário
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/7617
• topic: Delação; Medida cautelar; Ética

The purpose of the paper is to demonstrate how the subject studied is of the highest peculiarity, since we are working on a law that has a very great effectiveness in dismantling gangs and solving crimes. The central objective was defined as to evaluate the (im) possibility of applying the institute of the awarding of the award in the course of a precautionary preventive measure. The so-called prize award. How then must we analyze the foundations that underlie our justice, such as ethical and moral values. A second step will examine the coercion of the state in regulating the legal norm, affecting fundamental aspects of human dignity and freedom. Not being able to leave aside the culture and historical aspects in its human conduct from the beginning, having in its style of survival the characteristic of the union as a means of strengthening its species. Another purpose was to demonstrate the legal procedures as a consequence of the award granted under the legal system. Due to the long changes and creations of laws, both fundamental and specific, they treat these groups according to the current laws. The crucial point in the work is to demonstrate the way in which the legislature tries to fill in the delinquency failures. References to the Brazilian Federal Constitution, Complementary Laws, Penal Code, Law Projects, as well as doctrines dealing with the subject were used for the development of the work. It was found that there is no clear definition in the legislation that the prize award cannot take place during the course of the precautionary measure, in order to prevent it becoming a bargaining chip for the freedom of the offender. However, the analysis of existing doctrines has made it possible to understand that the position of the authors is clear in the sense that, when imprisoned, the individual feels trapped, threatened and thus ends up seeing the deed as a way of remaining at liberty .