Colaboração premiada na lei nº 12.850/13: análise da aplicação do princípio da razoabilidade quando da homologação do acordo

Abstract

The article discusses about the brazilian institute of rewarded collaboration, also reffered in North-America as plea bargaining. In Brazil's legal system, its currently governed by the Law 12.850/13, focusing on the application of the principle of reasonableness by the judge, when homologating the agreement between the parties, in order to discern about the legal prize proposed to the employee. After an extensive bibliographical research, I've analyzed the historical origin of the institute, including the influence of the United States bargaining law, especially plea bargaining, for the elaboration of the rewarded collaboration model that exists today in Brazil. The general notion of principles, in particular the principle of reasonableness, has also been studied, addressing the doctrinal divergence that exists regarding the existence or not of the differentiation between reasonableness and proportionality. It was sought to demonstrate, with focusing in doctrinal constructions and analyzing the understanding established by the Federal Supreme Court, dispplaying that the magistrate should strive to apply principle of reasonableness as a equivalence, especially at the moment of homologation of the agreement, avoiding granting benefits that disagree with the reality envisaged in the agreed terms.