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The article deals with the award-winning collaboration disciplined by Law 12.850/2013. The research problem questions the constitutionality of the establishment of penalty in the agreement, without due process of legal process and the magistrate, in the end, analyze the application of the measure negotiated in the sentence. The hypothesis is that the Federal Constitution of 1988 does not allow this anticipation. The research area is constitutional criminal and procedural criminal law. The methodology used is the case study judged by the Brazilian Supreme Court.

A INCONSTITUCIONALIDADE DO PRÉVIO ESTABELECIMENTO DA PENA NOS ACORDOS DE COLABORAÇÃO PREMIADA REGIDOS PELA LEI 12.850/2013