Publicação
Colaboração premiada: breve análise acerca da evolução do instituto na legislação brasileira e seus efeitos à luz do devido processo legal
| Resumo: | This research was carried out in order to analyze an application of the award-winning collaboration institute, considering some aspects of the Brazilian constitutional and infraconstitutional order, as well as its compatibility with the current legal system. Initially, the evolution of the award-winning collaboration institute in the world was discussed and, next, it was explained how it is applied under the national ordinary legislation. Then, it was carried out an analysis of configuration, from the publication of Laws 12,850 / 2013 and 13,864 / 2019, which regulate the use of the awarded collaboration as a means of testing in the criminal process, provided that some requirements are observed. After that, the legal nature of procedural legal affairs was discussed while taking into consideration the way it applies to negotiations in the Brazilian criminal process, and by doing so outlining the relation between the negotiation process and Game Theory. Finally, a study of the award-winning collaboration institute was carried out in the light of the principles of the due legal process, highlighting possible violations of constitutionally guaranteed citizen rights, aiming to ensure human dignity. |
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| Autores principais: | Gómez, Victor Hugo de |
| Assunto: | Acordo negocial Colaboração premiada Pacote anticrime Teoria dos jogos |
| Ano: | 2020 |
| País: | Brasil |
| Tipo de documento: | trabalho de fim de curso |
| Tipo de acesso: | unknown |
| Instituição associada: | IBICT |
| Idioma: | português |
| Origem: | Oasisbr |
| Resumo: | This research was carried out in order to analyze an application of the award-winning collaboration institute, considering some aspects of the Brazilian constitutional and infraconstitutional order, as well as its compatibility with the current legal system. Initially, the evolution of the award-winning collaboration institute in the world was discussed and, next, it was explained how it is applied under the national ordinary legislation. Then, it was carried out an analysis of configuration, from the publication of Laws 12,850 / 2013 and 13,864 / 2019, which regulate the use of the awarded collaboration as a means of testing in the criminal process, provided that some requirements are observed. After that, the legal nature of procedural legal affairs was discussed while taking into consideration the way it applies to negotiations in the Brazilian criminal process, and by doing so outlining the relation between the negotiation process and Game Theory. Finally, a study of the award-winning collaboration institute was carried out in the light of the principles of the due legal process, highlighting possible violations of constitutionally guaranteed citizen rights, aiming to ensure human dignity. |
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