Os fins (não) justificam os meios: uma análise da Colaboração Premiada nos Crimes de Organização Criminosa e a prejudicialidade às garantias processuais penais do Devido Processo Legal e à Ampla Defesa no acordo de Paulo Roberto Costa

Abstract

This research is an analysis of the institute of the Plea Agreement, which is provided in Law 12.850 / 2013, in the face of the interest of the State in obtaining accurate, efficient information that allows quick results in the imputation and punishment of crimes of criminal organization and the conduct of the collaborator in providing information to enjoy some of the benefits offered in the role of the law. From the presentation of the historical context of the Plea Agreement, studying it like a way to obtaining evidence and assistance in criminal prosecution and consideration the terms "delation" and "collaboration", as well as the role of competent authorities in the celebration of the deal. Furthermore, a critical note of violations of the criminal proceedings safeguards in the agreement offered by the Public Ministry to the former director of Petrobrás, Paulo Roberto Costa, one of the defendants in the Lava Jato operation, as an indication of the need to control public activity in the elaboration and fulfillment of such agreements, given that they cannot overlap with constitutional and infra- constitutional provisions in criminal proceedings.