Colaboração premiada: a (in)compatibilidade entre a confissão e o princípio da não autoincriminação

Abstract

The pressed collaboration is an investigative mechanism, whose use is increasingly increasing in the Brazilian criminal process, and the subjects that circumscribe the present theme present many doctrinal divergences. In this scenario, the interrogation of the accused implies a possible production of incriminating elements in relation to third parties and himself. Thus, in the act of collaborating, the fundamental right of non-self-incrimination is emptied or renounced, and the clauses of the agreement cannot serve as a prior and definitive waiver of the full exercise of fundamental rights. Therefore, this work, based on scientific research based on literature review and with a qualitative approach, aims to present how the interaction between the award sentence, the confession and the constitutionally provided for non-selfincrimination of the employee happens. It will be seen that mitigating the fundamental right to silence does not constitute any unconstitutionality, as such guarantee may be subject to waiver by the employee, provided there is respect for the voluntariness of the act.