Banca de DEFESA: LUCAS DE BARROS PINO LIMA

Awarded collaboration and (in) sufficiency of evidence

Plea bargaining; plea bargain; award-winning collaboration; concept of evidence; means of obtaining evidence; unconstitutionality; willingness; null system of criminal proceedings

The dissertation has the main objective to demonstrate the low probatory value that possess the testimonys of award-winning collaboration (plea bargaining) in the criminal proceedings, since this “means of obtaining evidence” is still utilized as argument of several decisions against the constitutional guarantee system. For such, will make a proposition that aims to put the criminal procedural nullity system at the core to the righteous comprehension of the institute, specifying the kinds of vices or juridic flaws that may arise in all stages of conclusion of the agreement, notably when it has disproportional value. Imposing as juridic consequence the absolute null or inexistence, depending on wich unconformity of the act refers to an essential or structural element, with the demonstration of normative calculus to help reasoning the criminal decisions. To achieve such objectives, it will be made qualitative research looking judged cases from the last 5 (five) years about the subject on the superior courts, with focus on the legislative change introduced by the §16º of the article 4º from the brazilian law 12.850/2013, as well as the most recent studys of the doctrine about the institute of the agreement.