A inconstitucionalidade da legitimação da polícia investigativa para celebrar acordos de colaboração premiada conferida pela lei nº 12.850/2013

Abstract

This research has as object the analysis of the attribution, conferred by Law no. 12.850 / 2013, in art. 4º, §§ 2º and 6º, conferred on the police delegate to conclude prize of leniency programs. It seeks to analyze, firstly, the Criminal Organizations Law and its innovation in bringing to the Brazilian legal order, detailed treatment of the leniency program awarded as a means of obtaining evidence, disposing of material and procedural aspects of the institute. Then, the study of the Brazilian procedural system will be dealt with according to the features denoted by the Federal Constitution of 1988, and the implications attributed to the investigative police and the Public Prosecution Service. Finally, an analysis will be made of the provisions of the law, which deal with the duties of the police officer, in the award-winning collaboration, with the constitutional design conferred on the Brazilian criminal proceedings, as well as a study of the typically procedural nature of the in order to demonstrate that the postulatory activities of the award-winning collaboration deserve to be, from the constitutional point of view, exclusive to the Public Ministry.