A colaboração premiada no Brasil como negócio jurídico processualdialogando com o direito processual civil

Résumé

The general objective of this investigation is to analyze the plea agreement collaboration as a procedural legal transaction, through a transversal dialogue between the procedural and civil procedural systems, creating a general theory about its legal existence, validity and effectiveness. Therefore, it was necessary to understand the reasons that justified the encouragement and advancement of consensual justice at the global level and the need to modernize the means of obtaining evidence. With this, we analyzed the evolution of the plea agreement collaboration in the Brazilian legal system and the need to create a theory capable of harmonizing it, as far as possible, with the principles and values that guide the procedural legal transactions, exploring this dialogue under the scope of the different branches of law. Based on these premises, we analyzed, in the theoretical and practical scope, the general points and main controversial aspects that mark the plea agreement collaboration institute, in an attempt to trace a safer and more harmonious path for the application and development of this important means of obtaining evidence, in line with fundamental rights and guarantees.