Abstract

COUTINHO, Luiz Augusto Reis de Azevedo  and  SANTOS, Rafael Oliveira. AWARDED COLLABORATION AS AN INSTRUMENT FOR ENABLING ACCESS TO JUSTICE. Revista Internacional CONSINTER de Direito [online]. 2022, n.14, pp.231-249.  Epub Sep 06, 2022. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00014.09.

The award-winning collaboration emerged in our system as a consensual justice mechanism, aiming, through the collaborator's revelations, to allow access by criminal prosecuting bodies to the structural nucleus that make up criminal activities. Through this institute, the collaborator is encouraged to present the real truth, with privileged information that, hardly, would be collected without the participation of this agent. In return, the State provides employees with benefits such as reduced sentences, pardons, progression of the regime, among others. Procedurally, the winning collaboration can be understood as a special investigation technique that, using the data obtained in the complaint, establishes the investigative line to follow. It is in this sense that the negotiated character of the winning collaboration is identified, where its implementation will reflect positively for all the actors involved, especially society, given the possibility of the recovery, even if partial, of the proceeds of crime, in addition to the considerable increase in the chances of success. in police operations and the consequent dismantling of criminal organizations. Thus, the award-winning collaboration, as an extremely effective tool in the fight against organized crime, is revealed, in such a way that, remaining, demonstrated the employee's willingness, the effectiveness of the collaboration and the favorable objective and subjective circumstances, must the State-judge proceed with its approval. In this regard this article aims to analyze the award-winning collaboration based on Law 12,850/2013 and the consequences arising from the changes brought by the Anti-Crime Package, Law 13.964/2019.

Keywords : winning collaboration; organized crime; constitutionality; voluntariness; justice..

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