Ampla defesa e colaboração premiada no Estado Democrático de Direito brasileiro

Abstract

In order to determine whether the due process of law takes place in the rewarded collaboration procedure, this dissertation uses the results obtained in research developed from constitutional text and laws of criminal justice negotiations in Brazil. In addition, there was the study of the main Federal Supreme Court judgments in this matter, as well as the doctrine, national and foreign, with emphasis on the North American approach to plea bar-gaining, which inspired the creation of the Brazilian criminal justice negotiations. In order to deepen the knowledge about the guarantee of the due process of law in Brazil, the analysis of its historical origin and its classification have been made according to the dimensional theory of fundamental rights, as well as the elements that form its three-dimensional drawing (self-defense, technical defense and effective defense). Following for the analysis of the re-warded collaboration, it begins with an explanation of the criminal justice negotiations in Brazil, mentioning its constitutional origins and the instruments that enable the dialogued solution of criminal conflicts. Based on the study of the Law on organized crime, a view of the procedure applicable to the rewarded collaboration is outlined, setting out the respective requirements, characteristics, and consequences. It can be seen, then, that the Law to combat organized crime contains provisions designed to protect the due process of law; the fulfill-ment of this guarantee, moreover, depends on the effective observance of the legal procedure and the principles that govern the criminal process. In conclusion, the Judiciary has a pre-ponderant role in the effective guarantee of the due process of law, which allows the expan-sion of the spaces of criminal consensus and positions the rewarded collaboration as a pow-erful instrument to combat organized crime, without affront to the Federal Constitution or to the democratic state of law in Brazil