A delação premiada como mecanismo eficaz no combate ao crime organizado

Abstract

The organized crime is a factor of great concern in the contemporary world, the state finds it difficult to act at the heart of these institutions and dissolve criminal activity, this happens because these organizations are increasingly structured and organized. They benefit from the facilities in which the technological environment provides, as more agile means of transportation, a more efficient communication system and modern weaponry, these intitutions are usually better prepared than the state. Therefore, is necessary that the brazilian state has an effective mechanism to enter in the heart of these organizations and dissolve the criminal activity, for this purpose, the plea bargaining has proven to be an efficient way for obtaining and collecting evidence. For the state to actually provide the full apparatus to combat organized crime, is still necessary to have the protection of those who are predisposed to collaborate with the police authorities and the judiciary, because in organized crime there is the danger of the defendant contributor suffers reprisals by the members of the criminal organization. Following this reasoning the Law 12,850 of 2013, the law of criminal organizations, authorized security measures to ensure the physical and psychological integrity of the defendent contributor, and yet, through the 1999 9.087 Law, the Witness Protection Act, extended the possibility to protect the informer's family that is at risk of death.