O combate às organizações criminosas em face aos obstáculos probatórios por intermédio da colaboração premiada na lei 12.850 de 2013

Abstract

The present study has as main focus the analysis of the procedural institute of the awarded collaboration in view of the great repercussion of the institute in the contemporary juridical scene amid the scandals involving great businessmen and politicians of the country. The research has as main guide the legislation of the Criminal Organizations instituted in August of 2013 (Law nº 12.850), because only with the advent of this, the legislator specifically disposed about the criminal investigation, defining the criminal organization and detailing for the first time in the ordering the procedure of award-winning collaboration as a means of obtaining evidence in view of the obstacles encountered in criminal investigations. It urges to emphasize that even before the legislative provision, the institute of the awarded collaboration needs to have its application restricted to exceptional cases. In addition, there is a need for improvement in terms of effective protection of victims and witnesses, since the Law on Special Programs for Protection of Victims and Witnesses (Law No. 9,807 / 99) has the status of a programmatic norm, and the planning and implementation of programs that are to be fully effective will be paramount, since only through this effectiveness will the award-winning collaboration reach its juridical and social scope.