Estudo acerca do instituto da "colaboração premiada" previsto na nova lei de organização criminosa (lei 12.850 de 2013) à luz do princípio da obrigatoriedade da ação penal pública e do sistema acusatório

Abstract

The present study aims to analyze the institute of the leniency program under the new Criminal Organizations Law (Lei 12.850/2013) illuminated by the principle of a mandatory criminal persecution and the accusatory legal system in Brazil. The leniency program, already proposed in other forms, now has a more accurate concept, aiming for a more appropriate usage, raising its social effectiveness. This study approaches all of its modalities, on behalf of the Constituição Federal de 1988, analyzing its progresses and setbacks that this new law brought to the criminal justice system. At the end, it’s argued that the judge’s intervention on the leniency program are condemnable, while State Attorneys holds the right propose this measure, on suitable cases. The study also proposes, as a solution, the creation of an administrative council on State Attorneys hierarchy responsible for reviewing all the deals firmed by the leniency program rules.