AWARDED COLLABORATION IN THE SCOPE OF CRIMES AGAINST PUBLIC ADMINISTRATION: A Legal Analysis.
DOI:
https://doi.org/10.51891/rease.v11i11.22898Keywords:
Plea bargaining. Colaboração premiada. Crimes against Public Administration. criminal investigation.Abstract
Plea bargaining, also known in Brazil as colaborações premiadas, has become one of the most relevant instruments in recent decades for combating organized crime and unlawful acts committed against Public Administration. This article aims to analyze, from a legal perspective, the impacts of plea bargaining on the investigation and repression of crimes committed to the detriment of Public Administration in Brazil. Its specific objectives are: to conceptualize and characterize plea bargaining, highlighting its legal nature; to present a comparative overview of the mechanism in different countries; to examine the main legal provisions governing its application in the Brazilian legal system; and to assess its practical significance in uncovering illicit schemes that affect administrative integrity. The theme is justified by the growing presence of criminal organizations within the public sphere and the need for effective investigative tools capable of dismantling sophisticated corruption structures, increasing accountability, and strengthening institutional credibility. The research adopts a qualitative methodology based on bibliographic and documentary review, involving analysis of legal doctrine, national and comparative legislation, and relevant judicial decisions. The results indicate that plea bargaining, when used lawfully and in accordance with constitutional principles such as voluntariness, proportionality, and legality, constitutes an important means of obtaining evidence, contributing to the identification of co-offenders, the recovery of misappropriated assets, and the improvement of investigative efficiency. It is concluded that, despite raising ethical and legal debates, the mechanism represents an essential tool for strengthening the Democratic Rule of Law and promoting administrative integrity.
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Atribuição CC BY