A colaboração premiada como prova no processo penal

• Autor(a) principal: Evangelista, Bruno Roberto
• Data de Publicação: 2014
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/27402
• topic: Processo penal; Prova (Direito); Delação premiada

Aims to study the plea bargaining as an instrument dedicated to obtaining evidences to employed by the State in criminal prosecution. The institute was introduced in Brazil by the Heinous Crimes Law, having attracted many criticisms from national jurists, either because of its alleged unethical content or because of the deficiency in the way the legislator treated de matter. Recently, the Law nº 12.850/2013 brought new dispositions regarding the plea bargaining, having set the rite to be adopted for the execution of the agreement and the rights guaranteed to the cooperative defendant. In this vein, the present work also seeks to examine the procedural aspects of plea bargaining from the new provisions introduced by Law nº 12.850/2013, studying, initially, the principles applied to the systematic of evidence in Brazilian Law. Then, a brief study will be made about how the plea bargaining is treated in foreign laws, as well as its evolution in Brazilian Law, based on the the various criticisms and comments made by national scholars. Finally, the aspects related to the plea bargaining procedure regulated by Law No. 12.850/2013 will be studied. From this study, comments will be made about the current state of the plea bargaining, also exposing reasons that reinforce its full validity as an instrument of evidence to be used in criminal prosecution.