A colaboração premiada no curso do inquérito policial: a autonomia da autoridade policial

Abstract

The plea bargain is a means of obtaining disciplined proof by Law No. 12.850 / 2013, which defines criminal organization and provides for investigation of crimes related to them. The present work seeks to discuss the plea bargain carried out by the police authority during the course of the police investigation, considering the recent appreciation of Direct Action of Unconstitutionality 5508 by the Federal Supreme Court and its increasing use in current criminal investigations. The debate revolves around the postulatory capacity of police delegates to enter into such agreements, taking into account the arguments that the Office of the Attorney General used to defend the unconstitutionality of this prerogative, as well as analyzing the tendency of the criminal process to develop elements of negotiating justice, especially in a scenario of increased violence, which seeks to increase the effectiveness of criminal policy by strengthening the state's investigative structure, while emphasizing the need to ensure that the efficiency of criminal prosecution complies with the rights and guarantees individuals. In the present work a methodology of bibliographic research is adopted, based on doctrinal books, academic papers and articles published on the internet on the subject, as well as legislative and jurisprudential research pertinent to the study, especially ADI 5508.