Colaboração premiada realizada por delegados de polícia à luz da teoria garantista de Luigi Ferrajoli

Abstract

This dissertation is part of the debate on plea bargaining in Brazil, with an emphasis on its execution by police delegates in light of Luigi Ferrajoli's guarantor theory. The national legal context, characterized by the increasing flexibilization of procedural guarantees in the name of punitive efficiency, motivated a critical analysis of Direct Action of Unconstitutionality (ADI) 5508, in which the Supreme Federal Court (STF) upheld the constitutionality of plea bargaining conducted by police authorities.The general objective of the study was to critically analyze the possibility of police delegates entering into plea agreements, confronting the legal foundations of the STF's decision with Ferrajoli's guarantor perspective. To achieve this, specific objectives were established: (i) to describe how plea agreements function within the culture of penal bargaining, (ii) to examine the Brazilian accusatory system and its relationship with the institution of plea bargaining, (iii) to analyze the votes of the justices in ADI 5508, highlighting the arguments in favor and against, and (iv) to present critiques of the STF's decision from the standpoint of penal guarantorism.The study begins by addressing the issue of expanding police investigative powers in a context of penal selectivity and flexibilization of fundamental guarantees. It explores the culture of plea bargaining and its implications for the Brazilian legal system, comparing the U.S. plea bargain with the national model of plea bargaining, emphasizing the risks of its adoption without proper constitutional safeguards. Next, the research examines the accusatory system in Brazil and the legal construction of the possibility of police delegates executing plea agreements. It highlights that, although the 1988 Federal Constitution established an accusatory model, procedural practice still retains inquisitorial remnants. The ability of police authorities to negotiate plea agreements without strict judicial oversight raises concerns about the impartiality and balance of investigations.In Chapter 4, the main criticisms of the STF's decision in ADI 5508 are presented, exposing a series 1of issues related to plea bargaining by police delegates in terms of constitutional principles and the axioms proposed by Luigi Ferrajoli.