THE INSTITUTE OF AWARD-WINNING COLLABORATION: RELEVANT INSTRUMENT FOR INVESTIGATION, ELEMENT OF THE ACCUSATORY PENAL SYSTEM OR DEFENSE STRATEGY?

Abstract

The plea bargain is an institute that seeks, in theory, through the granting of a prize to the cooperating agent, to provide state agencies with an in-depth investigation of the criminal fact and the other members of the criminal organization. It´s inferred that, although brought to light due to the developments of the Lava Jato operation, this rule was already provided for in legislation prior to the republican period. Despite the use of this artifice as a special investigation technique, there is no impediment to the use of this rule in the course of criminal proceedings, just as there is no obstacle for the accused to offer his collaboration as a strategic piece of his defense. In fact, the objective of this work will be to present a brief overview about this institute as well as examine the forms of application of this regulation.