Author(s) Sílvia Maria Pereira Eleutério Silva
Advisor(s) Flávia Noversa Loureiro
Synopsis With the present dissertation we intend to contribute to a better understanding of the plea bargaining as a means to obtaining evidence for corruption crimes related with economical and financial crimes, also known as White-Collar crimes, and organized crimes. In order to do so we structured our reflexion into five chapters: I – The Corruption Crime; II – Question Analysis in the light of the Portuguese Legislation; III – Brief Retrospective Analysis of Corruption and Plea Agreement; IV – Compared Law; V – Plea Agreements in the fight against corruption. On the first chapter we show the first concepts concerning corruption crimes. We started off by demonstrating the fundamental dogmas and conceptual delimitations, distinguishing some figures reaching towards the negotiated plea itself. On the second chapter we try to demonstrate in which way this problematic is dealt with in our legal system, by exploring the penal code, in the so called Administrative Corruption going through some single sheets: the law 34/87, 16 of july; the law 50/2007, august, 31; and the law 36/94, september, 29. On the third chapter we present a brief historical setting of corruption and plea bargaining. On the forth chapter we want to demonstrate and comprehend the case study in both Brazilian and Anglo-Saxon law. On the fifth chapter we present the negotiated plea as a means of preventing / repressing corruption looking to its necessity efficiency and legitimacy or lack of. Every approach is made bearing in mind that, in a way, the special complexity and sensibility of the hereby studied criminality is a kind of criminality that undermines the most basic structures of democracy as it comes from those of whom we expect the most unpolluted behaviour and by its network operation, which is a characteristic of organized crime. And on the other hand without never sailing off the paradox inherent in its means of prosecution approached in this dissertation: It is a way of obtaining evidence, that even if it has its roots in the farthest corners of history, it is set on betrayal, betrayal which was always reproved by humanity, by the states and therefor by the law itself since the Dawn of times. Therefor the final objective is to answer these three great questions: Is the negotiated plea a necessary means? Is it effective? And finally, is it legitimate?
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