THE PROCEDURAL ABUSE IN COLLABORATION AWARD (PLEA BARGAIN): A VISION OF THE INSTITUTE FROM THE POINT OF VIEW OF THE PRINCIPLE OF OBJECTIVE GOOD FAITH

Abstract

The objective of this work was to study the objective good faith (abuse of procedural law) in the scope of the awarded collaborations by means of the analysis of the entire content of decisions of collegial organs of the STF involving the subject, published between 09/16/2013 (date of entry into force of Law 12.850 / 2013) and 03/28/2018. After compiling and analyzing the data, it was evidenced that in none of the judgments did it directly address the abuse of procedural law, despite, in several cases, evidence of possible manifestations of this phenomenon. This leads to questioning the extent to which magistrates observe in their demands the presence of the parties' objective good faith.

Keywords

• collaboration award
• plea bargain
• good faith
• procedural abuse
• criminal procedure