The (I)Legality of the Decree of Pre-Trial Detention as a Means of Obtaining an Award-Winning Collaboration Agreement

• Autor(a) principal: Lima, Rafael Catani
• Data de Publicação: 2021
• Outros Autores: Nogueira, Letícia Gomes
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Jurídica Cesumar - Mestrado (Online)
• Texto Completo: https://periodicos.unicesumar.edu.br/index.php/revjuridica/article/view/10035
• topic: Award-winning collaboration; vidence in Criminal Process; Preventive Prison; Public Order; Colaboración Premiada; Orden Publico; Detención Preventiva; Pruebas en el Procedimiento Penal; Colaboração Premiada; Ordem Pública; Prisão Preventiva; Provas no Processo Penal; direito; direito penal

The theme of this paper is entitled “The (i)legality of the decree of pre-trial detention as a means of obtaining an award-winning collaboration agreement” and it intends to discuss and verify whether the decree of pre-trial detention as a means of obtaining an award-winning collaboration agreement is supported by the current legal system and whether in this scenario the Award-winning collaboration preserves its validity. For that I used mostly the methodology of dogmatic research, through theoretical analysis of the current legislation and doctrinal positions in comparison with the understanding of the Supreme Court using the empirical methodology in the collection and analysis of decisions. During the construction of the work, it was possible to verify the need to focus on the grounds used in the decree of pre- trial detention, since this would make it possible to verify whether the State could act in a coercive manner to obtain the award-winning collaboration agreement. When studying the grounds for the decree of pre-trial detention provided for in article 312 of the Code of Criminal Procedure, it was possible to see that the foundation of public order, instituted by inspiration of the German Code of Criminal Procedure of the National Socialist period, has a fluid and uncertain concept and can be used according to various understandings about it. Therefore, in the light of this study, it was found that in the face of an eventual employee who was arrested preventively, it is necessary to verify the real intention of the agent in concluding the award-winning collaboration agreement, i.e., whether there is voluntariness or coercion for such an act. With the justification of the decree of pre-trial detention on the basis of public order, this analysis of the intention of the arrested collaborator becomes more ambiguous, given its broad concept that can cover various situations of different natures, and can be used as an instrument of coercion, not knowing if to define exactly the reason for its decree - thus, public order excludes the voluntariness of the award-winning collaboration agreement.