AWARDED COLLABORATION AS AN INSTRUMENT OF NEGOTIATED CRIMINAL JUSTICE: CRITICAL PERSPECTIVES ON THE LIMITS TO AWARD SANCTION

Abstract

The scope of this article is to analyze the premium of the award-winning collaboration agreement and its compliance with the national legal system, primarily with regard to the principle of legality, given that, despite the regulation by Law No. 13,964/2019, assigning greater legal security to the institute, it is in a perfunctory phase, with gaps still being identified capable of giving rise to clauses that violate the principle system. In view of the above, the objective is to verify the award-winning collaboration as a negotiating criminal justice mechanism and the consequent problem of negotiations without compliance with legal dictates, as well as to highlight the gaps in the Brazilian legal system on the subject and present the debates and doctrinal criticisms and case law to the institute, finally identifying the legal limits to be imposed. To this end, a qualitative methodological analysis is carried out, based on national legislation, doctrine and jurisprudence, starting from the hypothesis that the use of negotiating criminal justice must be carried out in accordance with the legal framework, so that no there are doubts about the validity of the agreement.