Legitimidade do delegado de polícia para conduzir acordos de colaboração premiada frente à Lei 12.850/13

• Autor(a) principal: Haikal, Alissar Pinheiro
• 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/5605
• topic: Colaboração premiada; Delegado de polícia; Legitimidade

The present monograph aims to analyze the legitimacy and competence of the police chief in the submission of collaboration agreements awarded under the law 12.850/2013. In order to achieve this objective, the following methodological procedures were followed; as to the depth level, the present research was based on the descriptive nature; in terms of the approach, it was based on the qualitative method and the adopted procedure for the data collection was carried out in the bibliographic modality. The present work is divided in five chapters, being the first chapter destined to the introduction on the subject. In the second chapter it was the origin of the institute of the awarded collaboration. The third chapter has focused on the institute of awarded collaboration set forth in Law 12.850/2013 (Law on Criminal Organizations), and conditions for granting of awarded collaboration under the prerogative of criminal law. In the fourth chapter, the police chief's legitimacy to conduct and enter into awarded collaboration agreements was established, according to article 4, paragraphs 2 and 6 of Law 12.850/2013. Next, the supremacy of the Public Prosecutor's Office as a procedural subject of the criminal prosecution was discussed, considering its ownership in the criminal action and accusatory principle. The fifth chapter explored the Direct Action of Unconstitutionality of Federal Supreme Court No. 5,508 of June 20, 2018, which deals with the legitimacy of the police chief in the accomplishment of agreements of awarded collaboration in the investigative phase making possible the use of such instrument by the judicial authority cooperation. Finally, the sixth chapter had been dedicated to the conclusion of the present work. At the end of the study, it could be concluded that the legal norms are in conformity with the constitutional provisions referring to the judicial police and, especially, the attributions conferred to the police chiefs.