A colaboração premiada e o poder judiciário: da eficiência probatória aos percalços constitucionais e convencionais

Abstract

The purpose is study the processing of the “colaboração premiada”, under constitutional and conventional analysis, without ignoring the importance of the institute to criminal prosecutions involving, in particular, organized crime. It is based on the premise that the Brazilian criminal process is based not only on the Federal Constitution of 1988, but also on the international diplomas adhered to by Brazil. Aiming at better constitutional and conventional adequacy, it is necessary to build a more consistent dogma and regulation from the perspective of what is now called “collaborative consensus”. This time, among the problematization of the institute, there is a flexibilization of the power-duty to punish, self-discrimination, collaborative voluntariness, evidential corroboration, the defense of defendants, and efficient valuation. Thus, the aim is to contribute to the improvement of the “colaboração premiada”, not to undermine its efficiency, but by seeking the constitutionality and conventionality of the institute.