A colaboração premiada na perspectiva do direito ao confronto: declarações do colaborador e impugnação às cláusulas do acordo de colaboração

Abstract

This dissertation aims to study the plea agreement in the right to confrontation perspective. The main objectives are to analyze the institutes of the right to confrontation and the plea agreement, and then to verify the possibility / right of the defedant to confront the immunized witness incriminating testemony. In this way, the theoretical approach begins with the study of the right to confrontation, tracing its historical origins, legal nature and content, among others. With this, it is permissible to conclude that the right to confrontation has a status of a materially constitutional norm. Then, the study turns to the institute of the plea agreement, tracing its historical origins, legal nature, legal bases, standing to celebrate the plea agreement contract and legal nature of the immunized witness testimony. Finally, in the light of the content of the right to the confrontation and its nature of fundamental right, the dissertation concludes for the full applicability of the institute in incriminating testimony provided in the form of plea agreement, in addition to allowing challenge to the clauses of the plea agreement contract.