The article examines whether the application of asset seizure in criminal proceedings, without the requirement to demonstrate periculum in mora — as established by the case law of the Federal Regional Court of the 4th Region (TRF-4) — is compatible with the constitutional procedural system. The research concludes that such practice infringes upon the presumption of innocence and due process of law, anticipating the effects of a criminal conviction and directly reflecting the symbolic criminal policy of asset recovery in combating economic and financial crime.

The article investigates whether the concept of public security as the maintenance of public order, enshrined in the Brazilian Federal Constitution of 1988, contributed to the emergence and expansion of militias in the state of Rio de Janeiro, as well as whether the adoption of a citizen security model could represent an effective alternative in combating these groups.

Keywords: Militia · Public Security · Police · Citizen Security

The main purpose of this article is to verify whether the impossibility to contest the criminal collaboration, by the accused, in the same way of Superior Court of Justice and Federal Supreme Court’s main jurisprudence, is compatible with the constitutional procedural system, as well as examine whether it regards the adversarial principle, full defense and the due process of law.

Keywords: Plea Agreement · Nullity · Accused Informant · Criminal Procedural Law