A (in)compatibilidade do testemunho anônimo no processo penal brasileiro sob a ótica das organizações criminosas

Abstract

The research carried out in this Course Completion Work aims to provoke reflections and debates about the reality of criminal procedural law, with regard to means of proof available in the fight against organized crime, or criminality of power exercised by criminal organizations. It is proposed to focus, in particular on the proof testimonial, in its “confidential” modality, in which the identity of the witnesses is suppressed from the process, since these organizations often act with use of violence and imposition of the law of silence (omertà), as a way to inhibit the a testimony. In this way, an attempt was made to analyze the clash of rights that involve the theme, namely: right to witness protection X publicity, contradictory and ample defense of the defendant