O crime organizado e o instituto da colaboração premiada

No Thumbnail Available

Date

2021-06-21

Journal Title

Journal ISSN

Volume Title

Publisher

Universidade Católica do Salvador

Abstract

This research aims to show how award-winning cooperation can play a role in combating criminal organizations and their procedural functions in criminal investigations and prosecutions, as they are developing very quickly in the world, as well as in Brazil, therefore, to fight With this growth, existing organizations must act quickly and effectively in order to minimize damage to society. With the enactment of Law No. 12,850 / 2013 on criminal organization crimes, more specific guidelines were developed for law enforcement, resolving some procedural issues. The research is of paramount importance when first explaining what is the institute of the awarded whistleblower and then, being characterized, what are the controversies surrounding the institute if this would be a justification for granting benefits in favor of the whistleblower. And more than that, whether it is effective, and what criteria should be used. The method used in this research is bibliography and research in books and articles addresses this topic. In the study, it can be seen that The awarded collaboration can be defined as the effective activity of the investigated, accused or convicted of contributing to the criminal prosecution, whether in the prevention or repression of serious criminal offenses, in exchange for criminal benefits, according to an agreement formalized by written between the parties and approved by the court. It was understood that the problem of this topic is the difficulty of understanding before the judiciary under the criminal organization and criminal association, therefore, the criminal organization in its law, (n. 12850/2013), is outdated in the sense of showing gaps in the law. It was seen, therefore, that there is a delay in the Criminal Organization law for the application of the awarded declaration.

Description

Keywords

Direito penal, Colaboração premiada, Organizações criminosas, Criminal law, Award winning collaboration, Criminal organizations

Citation