Medeiros, Orione Dantas deAzevedo, Lenilson Silva de2017-01-022021-10-052017-01-022021-10-052016-12AZEVEDO, Lenilson Silva de. DELAÇÃO PREMIADA À BRASILEIRA: ALGUMAS QUESTÕES RELACIONADOS À CONSTITUCIONALIDADE E À ETICIDADE. 2016. 21 f. Artigo (Trabalho de Conclusão de Curso) - Curso de Direito, Universidade Federal do Rio Grande do Norte, CaicÓ, 2016. Disponível em: <https://monografias.ufrn.br>https://repositorio.ufrn.br/handle/123456789/42663The present work deals with the awarding of an award, an institute widely used in foreign nations such as Italy, Spain and the Anglo-Saxon countries, whose primary purpose is to reinforce the investigation and proof of associative, organized and economic-financial crime. The Brazilian standard of negotiation in the awarding of the accusation causes the defendant to return a small portion of the amounts resulting from the criminal conduct, delivered by some involved, to be kept under house arrest for a long time, excluding relatives and friends of the operation. The focus, then, far from punishing, is to recover, very partially, the appropriate resources, carefully avoiding that the employees are inserted in the prison after "repent". Here is the award to the Brazilian. The institute of the prize-giving is provided for in the Brazilian legal system in several laws, mainly in Law no. 12,850 / 2013. But the "Brazilian demarcation" has become a tangle of possibilities, in which practice is giving the coordinates of what should be predicted in law. In this sense, controversial issues related to the institute have reflected not only in the legal sphere, but also in the field of ethics, provoking reactions on the part of jurists and policy sectors. Question: How is it possible to fix a 12-year sentence without prior process? How to determine a regime of compliance with this penalty as the one of house arrest, when this was never contemplated in the Brazilian legal system? Is it possible to keep a defendant in custody as a means of extracting from him an award-winning collaboration, something that may violate the fundamental rights provided for in the Constitution? Arrest to collaborate or collaborate not to be arrested? Are there legal limits to obtaining the award? How can a law encourage the practice of "rewarding the traitor"? They are controversies related to the institute, with constitutional and ethical reflexes.openAccessDelação PremiadaCrime OrganizadoConstitucionalidadeÉticabachelorThesis