Análise empírica do jogo da colaboração premiada : a guerra negocial

Abstract

This dissertation had as its object reflections in the application of Game Theory concepts in the institute of the winning collaboration, making a comparison between the penal process and a game in its abstract model. Such research is linked to the PPGDIR/UFES research line “Process, Techniques and Protection of Existential and Patrimonial Rights”, having sought to improve the strategies drawn up by state bodies in criminal prosecution, as well as pointing out ways for the investigated / defendant to avoid abuses practiced by public authorities, aiming to safeguard their fundamental rights and guarantees. Through an exploratory methodology, using bibliographic research in articles and periodicals, it addresses the theoretical conceptualization of Game Theory and the winning collaboration, aiming to outline instruments for interaction between the institutes created by different fields of knowledge. In the course of the work, after describing hypothetical and real situations of procedural moves, the winning collaboration is metaphorically compared to a war, using the work written by a military man, who predicts and explains various circumstances that existed during the award negotiation. Finally, using empirical research with professionals who work in award-winning collaboration, their reports of procedural experiences are compared with the theoretical plan that was drawn up in the course of the work, testing the methods considered by the doctrine as able to achieve the best result, as well as analyzing whether the interviewees' behaviors follow a pattern of rational behavior already predicted by the theory. It was concluded that it is not possible to point out abstract models that conform to all concrete cases, given that the case-by-case will require study and planning itself. It also remained verified that the use of Game Theory in Awarded Collaboration finds limits in the legal system itself, being possible to optimize the results only while preserving the Democratic Rule of Law