Banca de QUALIFICAÇÃO: LUCAS DE BARROS PINO LIMA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : LUCAS DE BARROS PINO LIMA
DATE: 05/07/2021
TIME: 10:00
LOCAL: Link virtual ou conforme definir o Presidente da Banca
TITLE:

Collaboration awarded as the only element in the process of acquiring evidence: illegalities of criminal investigation and nullities of criminal proceedings.

KEY WORDS:

Award-winning collaboration - Nullity - Criminal evidence - Criminal action - Investigation - Parity of weapons.

PAGES: 69
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Público
SPECIALTY: Direito Processual Penal
SUMMARY:

The dissertation considers objective impartiality in comparison with the agreements entered into under Law 12,850/2013, as well as the definition of the role of the parties, Public Ministry, Police Authorities and Lawyers in the construction of legality and correct observance of the institute's form in light of the reform promoted, commenting on existing guidelines and possible codes of conduct, with positive and negative duties.

It explains the institute in comparative law, notably the North American one, to demonstrate possible progress and its correct application. Debate on the limits of intervention of magistrates in the pre-procedural and investigative phase and at the time of issuing the sentence, with notes on the new wording given to the benefits that can be granted to the collaborating defendant, and how is the situation of the agreements made in the period that preceded the reform that took place in January 2020.

It takes care of the acquisitive criminal proprietorship and the cases of appeal control for cases of rejection of agreements or modification of clauses without prior notification of the parties for readjustment, indicating the practical ways to solve possible impasses that remain unresolved, such as proposal for the implementation of the guarantees judge for the minimum satisfaction of the cognition judgment of the magistrate who grants the measures related to the awarded collaboration in the initial phase.

Recognizes the applicability of a procedural system of nullity in compliance with constitutional principles, aiming at the defense and applicability of fundamental human rights, with emphasis on the principle of parity of arms in the Brazilian criminal procedure and in line with constitutional guarantees.

BANKING MEMBERS:
Interno - 3331711 - ALBERTO JORGE CORREIA DE BARROS LIMA
Presidente - 1352111 - ROSMAR ANTONNI RODRIGUES CAVALCANTI DE ALENCAR
Interno - 2546418 - WELTON ROBERTO