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| Author(s): |
Eduardo Casteluci
Total Authors: 1
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| Document type: | Doctoral Thesis |
| Press: | São Paulo. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Filosofia, Letras e Ciências Humanas (FFLCH/SBD) |
| Defense date: | 2023-03-27 |
| Examining board members: |
Sergio França Adorno de Abreu;
Frederico Normanha Ribeiro de Almeida;
Laurindo Dias Minhoto;
Mariana Thorstensen Possas
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| Advisor: | Sergio França Adorno de Abreu |
| Abstract | |
Delação premiada and colaboração premiada are commonly understood as terms describing the same practice. Delação premiada was created in the 1990s. It is mainly used in cases of crimes related to drug trafficking. Colaboração premiada was created in 2013. It was mainly used in Operação Lava Jato, understood as the set of investigations and prosecutions led by the Federal Prosecutor\'s Office in Paraná and the 13th Federal Court in Curitiba. Operação Lava Jato mainly investigated crimes of corruption and money laundering. The objective of this thesis is to understand the genesis and cause of the distinction between them. It is understood that delação premiada and colaboração premiada are legal practices. They are products of social disputes mediated by professionals with unequal technical and social skills. Through the methods of literature review, the examination of legislative processes, and the investigation of court records, we sought to interpret the logic that informed the process of differentiation between the practices. We also sought to understand the process of social construction of each of the practices. To do this, we adopted the perspective of the operators of the Brazilian criminal justice system and the relations of competition and concurrence that they establish among themselves due to their social positions. It was observed that both instruments are informed by international criminal cooperation agreements and their prescriptions on criminal leniency policies. It was found that all agreements were gestated throughout the process of the construction of the neoliberal social order in the United States. It was learned that the agreements are components of the American strategies of legitimation of economic and symbolic domination in neoliberal contemporaneity. Its goal is the production of neoliberal states. Through a literature review, the uses and disputes about the policies of criminal leniency in the United States were registered. The existence of at least two distinct practices was noted. The first occurs in cases of crimes related to drug trafficking. The second occurs in cases of economic crimes. In both cases, the prevalence of the logic of private law over the logic of private law and the protagonism of the prosecutor in the American criminal process were verified. The American practices were compared with the Brazilian practices in order to verify their similarities and differences. It was verified that the configuration of the leniency policies was altered when imported to Brazil due to the protagonism of the magistrate in the Brazilian criminal process. It was argued, however, that the distinction between delação premiada and colaboração premiada also corresponds to the distinction between the social positions of the accused. It was claimed that the practice of colaboração premiada has incorporated the logic of private law. The role of the Federal Public Prosecutor\'s Office in the process of its construction was highlighted. It was concluded that the collaboration as applied in Operation Lava Jato has become an instrument of penal intervention on the world of politics (AU) | |
| FAPESP's process: | 19/02667-9 - Means and ends of the rule of law: a case study of plea bargain in Brazil |
| Grantee: | Eduardo Casteluci |
| Support Opportunities: | Scholarships in Brazil - Doctorate |