Limites legais para aplicação da colaboração premiada nas ações penais originárias, sob o enfoque da jurisprudência do Superior Tribunal de Justiça (STJ)

Abstract

This work consists of an exploratory research that aims to study the institute of plea bargaining, its concept, its legal nature, its legal basis, its historical development in Brazil and abroad, its use as a means of evidence in criminal proceedings in compliance with constitutional and infra-constitutional rules and guarantees, analysis of recurrent criticisms and its importance as an effective instrument in the fight against macrocrime and organized crime. Likewise, to study what has been known in the doctrine as the microsystem of Criminal Law negotiation, affirmed in Law 12,850/2013, especially after the reform materialized by Law 13,964/2019, known as the Anti-Crime Package and, finally, to try to find in the jurisprudence of the Superior Court of Justice (STJ) what are the legal limits adopted by the Court for the application of the institute of plea bargaining in judgments related to original criminal actions, seeking to answer the following research problem: what are the grounds that most invalidate the plea bargain agreements submitted to the evaluation of the STJ in original criminal actions? The relevance of this body of the Judiciary is highlighted, given its constitutional competence to carry out legislative interpretation and ensure the standardization of national jurisprudence regarding the application of laws in the last instance, in view of the infra-constitutional nature of the normative regulation of this institute that is intended to be studied. As for the procedure, the research is of the exploratory bibliographic and documentary type, elaborated from existing books, articles, dissertations and theses on the subject, as well as official judgments of the STJ, available in the electronic system of jurisprudential consultation maintained on its page on the world wide web. The scientific method is deductive, as it aims to find an answer to the research problem according to a syllogism, whose starting point is the normative rule of plea bargaining and the jurisprudential understanding of the STJ on the legal limits of its use as a means of obtaining evidence in original criminal actions and what are the grounds that most invalidate the agreements submitted to the Court's evaluation. The result, in numbers, were 15 (fifteen) original criminal actions and 21 (twenty-one) judgments rendered in judgments on issues raised in these cases. In relation to the research problem, only one case of invalidation of a plea bargain agreement was found, due to a defect in the jurisdiction of the court responsible for the homologation; a case of rejection of the complaint based only on the plea bargain and statements by the employee, without elements of ratification; and a case of recognition of the validity and effectiveness of the agreement, with the consequent delivery of the benefit by the Special Court, extinguishing the punishability of the collaborating defendant. In addition, several decisions and positions of the Court were found on many recurring incidental issues on plea bargaining, but more related to the procedure and rights of the investigated or defendants denounced before the judgment on the merits of the criminal actions, indicating, after all, that the STJ has been adopting the same limits and parameters set by the legislator in the so-called microsystem of Criminal Law awards.