Colaboração premiada: possibilidade do acordo do réu preso

Abstract

The present study has scope to discuss the most effective means of obtaining evidence in the fight against crimes of corruption in the country's law and its possible application to the defendant provisionally arrested. At the outset, it seeks to deal with the historicity of the subject, from its earliest applications to current times with law 12.850 / 13 (law of criminal organizations) that made possible this persecution. A brief explanation will then be given on the types of provisional prisons and legal requirements for the agreement to be reached, after a debate on "spontaneous action" and "voluntary action", expressed in several legislations, overlapping of the second with the first. The main focus of the work will be in the third chapter bringing legislation, doctrine and jurisprudence on the subject, and defending the idea that there is no evident antinomy between the provisional arrest and the breakdown of the voluntariness of the collaboration.