Fundamental aspects of law enforcement No. 12850/2013

Abstract

The fundamental objective of this work is to analyze the fundamental aspects of the application of Law No. 12850/201, in the perspective that it constitutes a legal contract that provides for the rights and obligations of the parties and that provides the State with obtaining information on the crimes against the public administration, which would not otherwise be obtained. It should be noted that this work was developed through a literature review, with reference to books, periodicals, decisions and jurisprudence of reference for the theme. In view of the intensification of criminal acts practiced by organized crime, the progressive sophistication of award-winning accusations and other forms of award-winning collaboration has been achieved in Brazil, since it is natural for the State to adopt strategies capable of maximizing its actions in order to curb criminal activity in Brazil. It should be noted that despite being given as equivalents, the terms winning collaboration and winning sentence must be differentiated, in view of their legal effects. The first is more comprehensive and the second more strict. In the first hypothesis, the investigated assumes authorship, reporting on the location of the criminal group, the proceeds of the crime, without directly incriminating third parties. Regarding the award, in addition to confessing authorship or participation, it incriminates third parties. Thus, the winning collaboration is genre, of which the accusation would be a species. With regard to the award-winning collaboration agreement, this constitutes a procedural legal business and means of obtaining evidence, which presupposes public utility and interest. In addition, the statements of the employee and a copy of the investigation will be submitted to the judge for respective analysis, so that it is possible for the judge to confidentially hear the employee, accompanied by his or her defender, in order to analyze aspects such as binding the premium sanctions. the legal systems of serving time, the nullity of the clause waiving the right to appeal, the whistleblower's right to speak last in all procedural stages and the illegality of the injunction or condemnatory sentence based only on the employee's word.