Justiça penal negocial e organizações criminosas: do consenso como alternativa penal ao equilíbrio de proteção em matéria de direitos fundamentais

Abstract

The present research aims to answer whether the criminal justice negotiation with a focus on the institute of award-winning collaboration are effective instruments of criminal policy to face organized crime. Conceptually, the concepts of globalization, liquid modernity in Bauman and communicative action in Habermas were worked on, as well as the concepts of negotiating criminal justice in the legal doctrine of the country. The methodology was bibliographical-documentary, with legal hermeneutics. As hypotheses are globalization as a triggering phenomenon of openness to crime as a transnational phenomenon, exactly as Law 12.850/2013 wants, and dialogue, in Habermasian thought, as an alternative criminal means for conflict resolution and a police investigation technique under supervision of the parquet and in the paradigm of human rights. The present research was carried out in the wake of the Federal Supreme Court's judgment in relation to Operation Lava Jato, observing how the award-winning collaboration institute behaved in a situation regarding fundamental rights. The results we arrived at are on the borderline of understanding that criminal justice in negotiation meets the primacy of investigation and resolution only when effectively backed by respect for fundamental rights, a fact not observed in the research in the alluded clipping. Consequently, answering the guiding question, in this section, in a partially negative way. It was concluded, on the other hand, by the partial bet on criminal justice negotiation whenever attentive to its constitutional assumptions.