Detalhes bibliográficos
| Ano de defesa: |
2021 |
| Autor(a) principal: |
Bertoni, Felipe Faoro
 |
| Orientador(a): |
Giacomolli, Nereu José
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| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica do Rio Grande do Sul
|
| Programa de Pós-Graduação: |
Programa de Pós-Graduação em Ciências Criminais
|
| Departamento: |
Escola de Direito
|
| País: |
Brasil
|
| Palavras-chave em Português: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucrs.br/tede2/handle/tede/10242
|
Resumo: |
This research aims to identify the evolution of turn state's evidence in the Brazilian legal system. It intended to examine its legal status, the principles that guide the bargaining relationship, the main forms of dissolving the agreement and its legal consequences. This study was carried out by bibliographical research and was structured in three chapters. The first chapter identifies the expansion of criminal law as a factor influencing the development of first-dimensional negotiated criminal justice. This way of negotiated justice can be expressed especially through the penal transaction and the conditional suspension of the process, both institutes established in Law n. 9.099/1995 and related to crimes of less offensive potential. Then, it was shown how the development of turn state's evidence contributed to the development of a second dimension of consensual criminal justice. This new scenario is related to more serious crimes. The growing use of turn state's evidence was not followed by the development of the legal regulation of this institute. So, there were gaps that ended up being filled by jurisprudence and doctrine. The second chapter sought to overcome this lack of framework for turn state's evidence, analyzing its legal status from the perspective of the Theory of Legal Fact. The third and last chapter established the proposition of a principles subsystem that should guide the business relationship between the public authority and the collaborator. This axiological system is composed of the principles of good faith, conservation of legal business, and favor-rule. Moreover, it was defined the structure of the legal business of the turn state's evidence in the plans of existence, validity, and effectiveness. In the following, we sought to analyze the main hypotheses for the undoing of the collaborative pact and the main legal consequences. This research contributes to the theoretical development of the turn state's evidence because it seeks the doctrinal roots of legal business and relates them to the turn state's evidence. Likewise, the research is relevant because it establishes an axiological matrix with the purpose of conforming greater legal security to the involved parties. The study has practical contributions, as its findings may help in solving concrete problems arising from negotiating relations in the criminal field. |
