AWARDED COLLABORATION: ADVANTAGES AND CHALLENGES IN FIGHTING ORGANIZED CRIME

Abstract

Plea bargaining has emerged as an important tool for investigating and combating organized crime, enabling evidence to be obtained and criminal organizations to be dismantled. This mechanism has been widely used in high-impact operations in Brazil, such as Lava Jato, revealing corruption schemes and holding public and private agents involved in illicit activities accountable. Its application has proven effective in elucidating complex crimes, especially those involving hierarchical and sophisticated corruption and money laundering structures. However, its use raises debates about its effectiveness and the associated risks. One of the main challenges is the possibility of abuse by authorities, such as undue pressure on informants to obtain information. In addition, there are questions about the reliability of statements obtained through plea bargaining, since those involved may present distorted versions of events in order to obtain personal benefits. The lack of rigorous criteria for approving agreements may compromise legal certainty and generate uncertainty in the judicial system. This study seeks to analyze the advantages and challenges of this mechanism, considering its application in the Brazilian context and its impacts on criminal investigations. The research also discusses the need for clearer and more effective regulations to balance the efficiency of the institution with the protection of individual guarantees. In this way, it intends to evaluate how plea bargaining can be improved to avoid arbitrary actions and strengthen its role as a legitimate tool in the fight against organized crime and corruption, ensuring that its use contributes to an efficient and transparent justice system.