Departmental Bulletin Paper ブラジルにおける司法取引(2・完)
Bargaining system in Brazil: colaboracao premiada and delacao premiada

神代, 貢志

40 ( 3 )  , pp.184 - 167 , 2017-01-13 , 広島大学法学会
The biggest issue today in Brazil is the investigation into the huge corruption case called “Operation Jet Wash.” During the process of investigation, numerous executives and politicians, including the former president, have been arrested. The main source of evidence to prove the suspects’ guilt comes from the bargaining system in Brazil called “colaboração premiada”or “delação premiada.” Today, “Operation Jet Wash” and the Brazilian bargaining system are not only a domestic issue for the criminal justice system, but also one of the biggest international issues affecting the economy. The arrest and testimony of the ex-director of the national oil company “Petrobras” has led to accusations against numerous executives and politicians. As a result, the domestic administration of Brazil became unstable and the economy fell into recession. It is therefore important to research the bargaining system that caused such a huge issue. In this article, we focus on the relationship between the bargaining system and organized crime in Brazil. Is the bargaining system in accord with the principles of Brazilian criminal justice system? Two topics in particular are highlighted: the adversary system in Brazil and the legal enforceability of criminal persecution. There are two main schools of thought with regard to the Brazilian bargaining system, those who agree and those who disagree with the operation of the system. Finally, I give my opinion from the view of comparative law.

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