Inaplicabilidade da colaboração premiada no tribunal do júri devido à incompatibilidade a soberania dos veredictos

Abstract

The plea bargain is an institute of Negotiated Criminal Justice used as an instrument to combat organized crime, as provided for in Law 12.850/2013, which defines the Criminal Organization, provides for criminal investigation, and provides means of obtaining evidence. This work, guided by theoretical foundations of Criminal Procedural Law and supported by the Federal Constitution, doctrines, and case law, addresses the topic of the application of the plea bargain institute within the Jury Court, a modus operandi that began to be used in the context of crimes under the jurisdiction of the Jury Court, due to the increase in organized crime, in blood crimes, intentional crimes against life, through death squads, criminal factions, among other practices. For the analysis within the scope of the Jury Court, the peculiarities of the procedure, concerning the Sentencing Council, are addressed, and the elements and requirements of the plea bargain are covered, in order to demonstrate the incompatibility of this means of obtaining evidence in the Jury Court procedure, since the general objective of the study is to demonstrate that the institute of plea bargain is not applicable to the elucidation of any crime, as in the case of intentional crimes against life, which are within the jurisdiction of the Jury Court, even within the scope of criminal organizations, because it conflicts with the sovereignty of the verdicts. The work demonstrates that the institute of plea bargain is inapplicable within the scope of the Jury Court procedure, since it clashes head-on with the sovereignty of the verdicts