Os limites constitucionais da delação premiada no processo penal brasileiro: sob a ótica dos artigos científicos

Abstract

The purpose of this article is to analyze five scientific articles that deal with the constitutionality and unconstitutionality of the award awarded in the Brazilian criminal process, in addition to the approval of the present institute by the Judiciary, in view of the principle of due legal process. The award-winning plea, despite having originated before the positive laws, gained more strength and permanently entered the national order based on the law of criminal organizations, but its notoriety occurred with the car wash operation. The present institute deals with the granting of a state benefit to the agent who collaborates with the criminal process, bringing relevant information for the dismantling of the crime. In addition, it is considered a competent means of obtaining evidence, as it is of great relevance for combating complex crimes to be elucidated. It can be concluded that the national law requires a specific law that regulates the award, according to the constitutional penal and criminal constitutional precepts.