Prisão preventiva e colaboração premiada: a imprestabilidade da ponderação entre a intimidade do colaborador e a produção probatória

• Main Author: Araujo, Vinicius de Oliveira de
• Publication Date: 2022
• Format: Bachelor thesis
• Language: por
• Source: Repositório Institucional da UFRN
• dARK ID: ark:/41046/00130000227t8
• Download full: https://repositorio.ufrn.br/handle/123456789/50104
• topic: Colaboração premiada; Prisão preventiva; Teoria dos Jogos; Segredo; Prova Ilícita

The work deals with the Awarded Collaboration, legal business institute and evidentiary mechanism. In this context, issues related to intimacy and understanding of the institute provided for in Law 12,850/2013 will be addressed in the light of game theory, especially in the scenario in which the alleged collaborator is cautiously segregated. The problem in question is developed by the current social and legal questions that permeate the punitive discussion of organized crime in contrast to the fundamental guarantees granted to the investigated, such as is it possible to arrest with the sole objective of forcing eventual collaboration? Can the intimacy of alleged collaborators be subjugated with the aim of elucidating crimes? Can game theory theoretically support law enforcers? Among such questions, the monographic production seeks to analyze the legality of award-winning collaboration agreements entered into while preventive detention is in force. Specifically, the work is intended to investigate the impossibility of relativizing secrecy, the essential core of the fundamental right to privacy, the impossibility of justification, in view of the concepts of game theory, of illegally induced collaboration, and the nullity of the award-winning collaboration agreement when proven the illegality of pre-trial detention. Therefore, the methodology used consists of applied research, with a hypothetical-deductive, qualitative and quantitative approach, with a descriptive objective, and a diagnostic research purpose. In addition to bibliographical and documentary research. It is concluded that, in cases where pre-trial detention is visibly illegal and admittedly a dirty move in the light of game theory applied to criminal proceedings, the unlawfulness of the Awarded Collaboration must be declared, by exegesis of art. 157, § 1, of the Code of Criminal Procedure, since the protection given to the right to secrecy, an essential core of the right to privacy, cannot be subjugated on the pretext of the convenience of the investigation.