A colaboração premiada como mecanismo eficaz no combate às organizações criminosas

Abstract

This paper will analyze the effectiveness of the Awarded Collaboration Institute in the fight against organized crime, aiming to clarify its application and reduce the doctrinal questions and insecurities regarding its application. The theme gained prominence, mainly due to the wide repercussion of Operation Lava Jato in the country, where several award-winning collaboration agreements were signed that helped in the investigations, in exchange for benefits in the process that were often granted even without express provision in the law. This new institute draws attention by allowing part of the judge's assignments to be transferred, enabling the parties to negotiate the terms of the agreement in exchange for the benefits to which they collaborate. The paper presents reflections on how award-winning collaboration contributes to the fight against organized crime where, generally, the leaders of such organizations are not responsible for what they have done, because they are hidden and protected by other members and an increasingly advanced technology. The research allows us to understand the main aspects of the institute of award-winning collaboration seeking subsidies to demonstrate that this special means of obtaining evidence contributes most to the search for truth in criminal proceedings. It will also be demonstrated that this is an important instrument in the repression of organized crime, enabling the disarticulation of such groups, avoiding the practice of new offenses, because despite the importance of the prize-winning collaboration in the Brazilian legal system, the institute is the target of controversy as to its effectiveness, the state's ability to protect whistleblowers, and the proportion of the consequences of the whistle in relation to its legal effects. Because of this, the institute proves to be relevant in the legal field since, if there were no awarded collaboration, there would be little chance for the investigator to reveal what he knows, and there would be great difficulties in the investigation, due to the way organized crime develops. The discussion about the effectiveness of the awarded collaboration is extensive and presents several points to be analyzed and, in the course of the work, the origin of the institute, its probative value, its requirements, the hypothesis that the Public Prosecution Service may no longer offer will be presented. the complaint, and what are the consequences of the approval of the agreement, which are raised through theoretical reference. Thus, the present work aims to point out that the award-winning collaboration presents itself as a possible solution to overcome the State's inefficiency in combating organized crime and also as a way of presenting practical results to society.