The Rewarded Collaboration and the Proof of Corroboration

Abstract

The institute of the rewarded collaboration still has several gaps even after Law 12.850/13. One of the main points is the lack of specification what kind of proofs could be use in corroboration of the rewarded collaboration which is the objective of this study too. This because the Law 13.964/19 expanded the prohibition of the condemnatory sentence to be rendered based only on the statements to real or personal precautionary measures and the receipt of a complaint. The methodology used was the literature review and the analysis of the main agreements disclosed. The evidence valuation system used in Brazil was included for the construction of the article, which is the motivated free persuasion and was mitigated by the need for corroboration in cases of rewarded collaboration. Finally, it is concluded that the analysis of proofs must be done in a singular way into the concrete case, but there are some evidences that cannot be considered sufficient on their own, like the delator’s own notes. Recordings, even if irregular and that do not feature prepared flagrant, witness statements, expertise and documents are accepted as corroborative evidence.