Colaboração premiada no processo penal: a questão dos elementos de corroboração

Abstract

For the reconstitution of a past fact, within the scope of law, it is necessary to observe the procedural regulations extended by the current legal order, so that it is possible to get as close as possible to what actually occurred. To this end, criminal procedure makes use of the evidence, which is the means by which the parties will bring the basis of their allegations to the judge's knowledge, in order to enable an appropriate pronouncement. From this perspective, the judge must use the entire probative framework, which must be reflected in the grounds of their decision in order to proclaim the approximate truth.Therefore, special attention is paid to the Constitution, safeguarding and coping with evidence, as it is the basis on which decisions in criminal proceedings will be based. In this context, redoubled attention should be given when faced with judicial provisions based on business agreements, which often limit or alter procedural rules and precepts applied in infra-constitutional legislation and in the federative Republic of Brazil’s Constitution. Given this, the present study has the scope of analyzing the corroborating elements to the collaborating agent's statements, in view of its primary function of filtering untrue and distorted information and reinforcing the presumption of innocence. To this end, it was sought to outline central aspects of its constitution, as well as the necessary conditions and rules for its corroborative function to be properly performed effectively and harmoniously with the current legal system.The award-winning collaboration, given its ontological protection, in order to be used, must undergo procedural rigors, as well established by Law 13.964/2019, by modifying article 4, § 16, of Law 12.850/2013, and sedimenting the need for elements external to the content of the employee's testimony for the delivery of various decisions.