A colaboração premiada aplicável ao tribunal do júri como instrumento de enfrentamento do crime organizado no Brasil e proteção integral do direito fundamental à tutela da vida

Abstract

Organized crime, in its criminal practices, pays special attention to the activity of concealing evidence. The practice of homicide is part of this activity, as a way of imposing order and power. Regardless of the purpose, the practice of violent crimes by criminal organizations represents a systemic violation of the right to life. Thus, the understanding of the use of the instrument of collaborative award in the Jury Tribunal procedure, as a special means of production of evidence, becomes a useful alternative for action in this context, given the predominance of silence among the components of criminal groups and the use of violence as a form of intimidation and maintenance of macro-criminality. The general objective of this thesis is to analyze the viability of the application of the legal collaboration in the Jury Tribunal in Brazil. To do so, a normative-legal research was used, and an analysis of judgments (empirical research) was carried out. The paper is composed of three sections, which substantiate the legal thesis defended: the cooperation agreement applicable to the Jury Tribunal to fight organized crime in Brazil and as an instrument of integral protection of the fundamental right to the protection of life. It begins with a study of the importance of the Jury Tribunal as the expression of fundamental rights and guarantees in a democratic criminal procedure; next, we examine the specific aspects of the legal collaboration with the State and the nuances of its applicability in the trial of crimes against life. Finally, we identify the criteria of exceptionality and advantage that justify the usefulness of collaboration with the State in the trial of felonies against life. From the analysis of the empirical data, the existence of categories of murders resulting from organized crime was verified, which support the criteria identified and contribute to the verification of the assumptions of usefulness and public interest of the cooperation agreement applicable to the Jury Tribunal. The adoption of objective criteria has the purpose of avoiding the emptying of the institute and to provide an integral protection of the guardianship of life.