O regime de veridição da “delação premiada” no processo penal brasileiro

Abstract

Turn state’s evidence emerges as a result of confessional societies based on inquisitorial knowledge unconcerned from the accuracy of its substance. Inherent to western civilization’s subjectivity thanks to the use of Christianity as an instrument of governmentality, judicialized through charged penance and secularized by the belief in treats coming from an omnipotent being, confession increasingly becomes an effective mechanism of control and submission, aside from the legitimization of punitive power, that rapidly evolves to its qualified mode: turn state’s evidence. In contemporary neoliberal societies, on the other hand, turn state’s evidence is developed by means of an utilitarian and commercialized speech which reduces basic guarantees to mere commodities and criminal procedure, specially in Brazil, to simply legitimizing a step towards the conviction of the denounced regardless any evidence. When it arises as the the truth in Brazilian criminal procedure, turn state’s evidence performs as an actual instance reducing complexity and bring forward to the judge and to society a seductive narrative that does not admit counterproof and which ultimately leads to materially unjust convictions.