Pechincha criminal: um estudo de caso da colaboração premiada dos executivos da J&F investimentos frente o novo paradigma consensual processual penal

Abstract

This paper analyzes the role of award-winning collaboration in the context of criminal organizations. The recent case of the award-winning collaboration celebrated by company executives J&F Investimentos Joesley Batista, Wesley Batista, Francisco de Assis and Ricardo Saud was selected as part of the operation called “Lava Jato”. Having explored the mechanism of consensualism of the awarded collaboration, the recent survey of the legislative frameworks in Brazil of the institute of the awarded collaboration is conducted and, in view of the request for termination of the collaborations, the position of the magistrate and the (in) validity of the procedural legal business are analyzed. criminal Based on the lawsuit before the Federal Supreme Court (PET 7.003), the need for the State to maintain the legal practice of collaboration is also analyzed. As a result of the work, in view of the attitudes of the parties involved, it is possible to observe the accusation's intention to maintain the evidence obtained through the collaboration, as well as the magistrate's role in adjusting the benefits offered when assessing their effectiveness in the investigation. analysis of the merits of the case.