AWARDED DENUNCIATION: THE (IN) CONFORMITY OF THE INSTITUTE IN THE FACE OF THE WHISTLEBLOWER AND THE DETAINMENT IN THE FEDERAL CONSTITUTION

Abstract

This paper will deal with the (in) conformity of the award granted before the guarantees of the rights of the offender and the debtor before the Federal Constitution, thus demonstrating all the necessary requirements to sign the award agreement and who is entitled to propose this agreement. Demonstrating that, although the institute does not have a specific law, which is introduced in sparse legislation, it is being widely used to reduce economic criminalization, as in the case of Operation Lava Jato, where the defendant delivers the others investigated for obtaining of some benefit, such as the reduction of sentence or the substitution of deprivation of liberty by restriction of rights. It will also address the constitutional guarantees envisaged for the offender and the complainant showing their pros and cons.