Delação premiada em crime de tráfico de drogas: conflito entre a Lei 11.343/06 e a Lei 12.850/13

Abstract

The present work has as purpose the study about the application of the plea bargain institute in the crimes provided for by Law 11.343/2006 - "Drug Law" when practiced in the context of criminal organization in the form of Law 12.850/13. The discussion of the theme in question led to the division of the study into three stages. In the first one, we sought to explain and contextualize the types of plea bargain in the Brazilian legal system, presenting the terminology of plea bargaining, the link with consensual criminal justice and the introduction of the mechanism which is expressed in the legislation. In the second stage, the objective was to understand whether Law 12,850/2013 would be a novatio legis in mellius in the light of Law 11,343/2006, explaining how the conflict of criminal and procedural laws occurs in time in the Brazilian legal system, as well as defining Law 12,850/13 as a mixed penal rule. Finally, in a third moment, it was tried to demonstrate how the resolution of the apparent conflict of norms occurs between Law 11,343/2006 and Law 12,850/2013 in the Brazilian legal system, bringing to the discussion the methods of conflict resolution and the understanding of the jurisprudence about the validation of plea-bargaining agreement held by a criminal organization leader. The exploratory methodology and bibliographic procedure were used to achieve these purposes, based on the analysis of the national legislation, doctrines, and articles.