O delegado de polícia e a Lei 12.850/2013: a legitimidade relativa da autoridade policial para a celebração de acordos de colaboração premiada

Abstract

The present work aims to analyze the legitimacy of the police delegate in conducting and entering into agreements of awarded collaboration conferred by Law nº 12.850/2013, Law of Criminal Organizations, in its art. 4º, §§ 2º and 6º. In this way, we will first draw a brief on the general aspects of the institute, as its origin in the brazilian legal system, passing through its legal nature, defined by the legislator as a means of obtaining evidence. Next, we will examine the criminal procedural system adopted in Brazil, exploring the content of the legal provisions mentioned in light of the accusatory model and the institutional functions delimited by the Constitution of the Federative Republic of Brazil and entrusted distinctly to the judicial police and the Public Prosecution Service. Finally, we will consider the decision of the Federal Supreme Court that judged the Direct Action of Constitutionality nº 5.508, in order to demonstrate it’s conformities with the provisions of the law 12.850/2013 in question, with the accusatory system.