Aspectos éticos da delação premiada

Abstract

The present research has as its object the analysis of the ethical and moral viability of the Collaboration Award, an institute of criminal procedural law in the present day due to its too much use in the trials of crimes related to corruption. In this way, its concept and juridical nature, distinction with other institutes of the criminal process, historical origin and brief description of the country's legislation of which it forms part will be treated first. Right after, right and moral will be correlated, presenting their points of convergence and distinctions, as well as their possible definitions and historical process of separation between them. Finally, a connection will be made between the first two chapters in order to examine the ethical and moral point of view. Thus, using the methodology of biographical research, it will be examined the reason for the excessive use of this procedural instrument in the legal environment of a few years to now, trying to analyze the context in which this phenomenon happened and its relation with criminal subjects such as the theory of pen and the search for real truth. From this evaluation, we finally come to the knowledge that the focus on the utilitarianism of the award-winning delineation observed in contemporary legal processes, despite solving short-term problems related to the investigation of complex crimes, has negative consequences for the moral basis and ethics of Brazilian society, since the instrument, although effective from a certain angle, has inquisitorial and antidemocratic origins, and may obscure other motivations of those who use it.