EFFECTIVENESS AND EFFICIENCY OF THE LEGAL COLLABORATION AS KEYS TO UNDERSTANDING THE LIMITS OF THE JUDGE’S ROLE

Abstract

The legal collaboration, as a way of gathering evidence against criminal organizations, was positivized in the Federal Statute nº 12.850 and it has been demanded, since 2013, all sort of controversy. The most important debates are related to the limits of the judicial role during the stages of celebration, its formal homologation in the Court and, finally, its measurement in the collaborator’s sentencing. This paper aims problematizing the comprehension of “effectiveness†and “efficiency†as categories prescribed in the federal Statute that regulates the legal collaboration. Therefore, it proposes an interpretation that differentiates what the legal collaboration means to the investigation and elucidation of criminal organizations and how legal collaboration should be evaluated to determine the extents of the benefits in favor of the defendant collaborator. Methodologically, the paper provides a literature review of the specific works produced on Federal Statute nº 12.850. It also sustains that efficiency should be a category evaluated in the collaborator’s case, while effectiveness is a category referring to what the collaboration means to elucidate and gather evidence against the criminal organization in general.