LIMITES NEGOCIAIS DA COLABORAÇÃO PREMIADA NO DIREITO PENAL BRASILEIRO

INTRODUCTION: Plea bargaining is a tool of Brazilian criminal procedural law aimed at securing the cooperation of suspects or accused individuals in elucidating crimes, offering benefits in exchange. However, it is worth noting that despite plea bargaining being a procedural legal transaction, it has certain limitations in its application, which will be discussed in this work. AIMS: The objective is to analyze plea bargaining as a mechanism within Brazilian criminal law, exploring its development, legal nature, and identifying limitations and its impact on the legal system. MATERIALS AND METHODS: The analysis was conducted through research and a review of rele-vant legislation, including Law No. 12,850/2013, which outlines the procedure for plea bar-gaining, as well as German criminal procedural legislation, primarily the local Penal Code. Doctrine and case law were considered to comprehend its practical application in both coun-tries, employing the hypothetical-deductive method as the methodological foundation. RESULTS: Plea bargaining is a bilateral contract based on the autonomy and contractual free-dom but constrained by legal principles and imperatives. The law provides for benefits such as judicial pardon, sentence reduction, or substitution with non-custodial measures, provided specific requirements are met. Judicial approval of the agreement is essential to ensure le-gality and protect the rights of the collaborator, a figure that also exists in a similar form in German law, serving as a legal transaction with the possibility of sentence reduction. FINAL CONSIDERATIONS: Plea bargaining is a valuable tool for investigating complex crimes, especially those related to organized crime. However, its application must be strictly controlled to pre-vent abuses and ensure compliance with legal and procedural principles. The legal system should strive to balance the benefits of collaboration with the preservation of individual rights and the impartiality of the criminal process. Differences between the Brazilian and German legal systems were identified, with particular emphasis on the prominent role of the judge in the European country and the absence of a specific procedural framework.

KEYWORDS: Plea Bargaining; Criminal procedural law; Negotiating Boundaries.