O instituto da colaboração premiada, no âmbito da Lei nº 12.850/13, à luz da teoria do bem jurídico

Abstract

The present work has as objective the study of the defendant’s cooperation agreement, in the Law 12.850 /13, from the perspective of the theory of the juridical asset. In order to carry it out, the development of the juridical asset theory was explored, from its enlightenment origins to its most recent application; a digression in time took place, locating the first collaborative experiences in the Brazilian legal system, until its effective regulation, through Law 12.850/13; as well as the collaborative practice was submitted to analysis, under the scrutiny of the juridical asset theory. The methodology used was bibliographic research combined with analysis: reading books, reviewing scientific papers and studying legislation relevant to the topic, in order to understand the juridical asset and the systematic of the defender's cooperation agreement as well as the use of the hypothetical-deductive method, in order to conceive how the juridical assets involved in a defender's cooperation agreement would behave. The conclusion was that, respecting the individual and meta-individual juridical assets involved in the defender's cooperation agreement, it can contribute to the strengthening of the juridical assets.