A possibilidade de execução antecipada da pena como cláusula de um acordo de colaboração premiada

Abstract

The following work intends to verify the possibility of inserting, in an Awarded Collaboration agreement, a clause that allows the employee to execute his sentence in advance, even before there is a final sentence. Thus, it is planned to ascertain the legal nature of the Awarded Collaboration, witch is currently understood as mixed, since the Collaboration is both a means of obtain evidence and a Legal Process Business. Furthermore, it seeks to investigate the differences between Awarded Collaboration and Plea Bargaining (the American bargain that serves as a model for the practice of criminal business justice in Brazil). There will also be an analysis of the agreements signed in the scope of Operation Lava-Jato, and what these agreements brought to the Brazilian Criminal Procedure for the first time. Finally, the negociating capacity of employees who are in prision should be investigated, since the main prerogative of any business is based on the willingness of the parties. In this way, the study that is done here intends to analyze the insertion of Negocial Criminal Justice in Brazil, with emphasis on the early execution of the penalty as na clause of a procedural legal business.