Delação premiada e sua legitimidade em face do princípio da obrigatoriedade da ação penal: uma análise à luz do caso concreto de Joesley Mendonça Batista

Abstract

This paper aims to verify the legitimacy of the institute of the plea bargain agreement in confrontation with the principle of mandatory criminal action, analyzed in the light of the concrete case of the collaboration agreement of Joesley Mendonça Batista, concerted in the case of "Lava-Jato". For this, it was analyzed the basic aspects of the mentioned institute, such as its origin, concept, legal nature and applicability, in order to have a broad vision of what implies a plea bargain agreement. Then, it was analyzed the legislative evolution through which the instrument was inserted into Brazilian legal norms, until the advent of the recent Combating Criminal Organizations Law, which established the delinquency in a more comprehensive and organized way in domestic law. After, it was verified the criminal procedural system in which the patriot order is established, in other words, the accusatory system, from which several guiding principles of the matter arise, as well as the principle of mandatory criminal action. Subsequently, the aforementioned principle was confronted with Joesley Batista's agreement and it was finally concluded by its illegitimacy.