CRIMINAL COOPERATION AGREEMENT AS A PROCEDURAL AGREEMENT:SEEN FROM THE PERSPECTIVE OF LAW AND ECONOMICS

Abstract

The legal nature of the criminal cooperation agreementis studied. The understanding of the institute is dealt with as a juridical criminal procedure before the General Theory of Law. An assessment of legislative, doctrinal and jurisprudential developments is made. The fundamental precepts and the application of the Economic Analysis of Law in the scope of consensual criminal justice are evaluated. A qualitative, exploratory and bibliographical research of scientific articles, books, legislation and jurisprudence was elaborated. We study the application of Economic Analysis of Law and Game Theory to criminal cooperation agreement. It is concluded that the criminal cooperation agreementshould be understood as a criminal procedural legal transaction. It is understood that the principle of private autonomy is applied in a mitigated way, and the granting of criminal benefits must comply with the parameters of the law, under penalty of violation of the criminal law of art. 5th, XXXIX, CF / 88. The characterization of collaboration as a procedural agreement does not prevent it from being a way of obtaining evidence. It is argued that the Economic Analysis of Law and Game Theory have applicability to the institute, since participants behave to maximize profits.