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This research intends to investigate the institute of awarded delation in Brazil, analyzing firstly its contents in of the legislation in the country, as in the Brazilian Penal and Penal Processual Code. It is wanted from the reading of the "Teoria do Garantismo Penal" establish parameters and rational criteria that execute the strict legality defended by Luigi Ferrajoli about awarded delation. Likewise, the text intends to establish the discussion about the degree of legitimacy of the State by using the criminal procedural bargain introduced through Law 12.850 / 2013 as a form of application or not of punishment.

A LÓGICA PERVERSA DA COLABORAÇÃO PREMIADA NO PROCESSO PENAL BRASILEIRO: POR QUE (AINDA) É NECESSÁRIO FALAR SOBRE O GARANTISMO DE FERRAJOLI?