A delação premiada quando do cárcere prematuro : uma negociação entre díspares e manifesta coação estatal.

Abstract

With the purpose of analyzing the institute of the awarding of the prize, this research aims at a critical approach to the institute's implementation, since it appears in the criminal process as a form of benefit to the judiciary, in a model that shows itself as irresistible coercion. It suggests a reflexive analysis on the real condition of the informant as a provisional prisoner in relation to the Federal Constitution / 88, dealing with the subject, aiming at not only the usefulness of the institute, but also evidence of coercion, considered as a true torture in the search for collaboration, to our Understand anything voluntary. Due to the relevance of the procedure when delinquency, the systems will be approached in a brief clarification about these, their characteristics, main elements, subtly highlighting the advantages or disadvantages of each one, due to comparative with the criminal process Contemporary, especially with regard to the proof, its conception, management and valuation within these, as well as the means considered legitimate or not of its constitution, before the guarantees to be assured to the accused / investigated, as subject of duties and especially subject of rights . It will be considered the social scope, the stigmatization of the criminal subject, the relations of power and the criminal policy adopted by the State, approaching the judicial activity, around a critical look again, where it will be observed and analyzed the subjection of the man as Instrument of proof, especially in relation to a democratic state of law. Due process of criminal proceedings is also being hit with this "kind" of imprisonment motivated by the aim of obtaining a confession, and there is still a need for a greater adequacy of the institute, so that fundamental rights are respected, especially as regards the conditions As requirements or condition of admissibility. Essential to harvesting and producing proof, it must have its proper functionality.