Pessoas coletivas e os programas de compliance: a problemática da prova compartilhada com o processo penal de pretensão democrática

The main objective of this paper is to critically analyze the production and possible sharing of evidence originating from compliance programs with the criminal process that is intended to be democratic. In this context, from a bibliographical review, we try to demonstrate potential implications of...

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Bibliographic Details
Main Author: França Júnior, Francisco
Format: Article
Language:Portuguese
Published: 2018
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=6691193
Source:Revista Brasileira de Direito Processual Penal, ISSN 2525-510X, Vol. 4, Nº. 3, 2018, pags. 1277-1318
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Summary: The main objective of this paper is to critically analyze the production and possible sharing of evidence originating from compliance programs with the criminal process that is intended to be democratic. In this context, from a bibliographical review, we try to demonstrate potential implications of defense rights and some aspects of the tendency of privatization of traditionally state duties. Finally, we conclude that valid evidence is being used by private investigators as long as the same limits currently in force for the regular functioning of criminal proceedings in a democratic environment are respected.