A influÃncia da teoria do consenso na justiÃa penal: o advento da Lei 9.099/95 como consequÃncia da adoÃÃo da justiÃa consensual no Direito Penal Brasileiro

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

The current dissertation consists in an attempt of demonstrating that, in the Democratic State of Right, model adopted in our country in this historical moment, the consensus theorie permeate the inter-personal relations. In this context, starting from the thoughts of Beccaria, Rawls, Habermas, Roxin, among others, we try to examine, under a constitutional prism, the influence of this ideal over the Penal Law, with the palliation of the obligatoriness principle and the reinforcement of the opportunity principle, allowing agreement between the litigant parties in the Penal Procedural Law. The study holds a short overview of the possibilities that, in foreign law, are presented as an option to the penal negotiating. Thus, we discourse upon the pleabargaining and the guilty plea of the American system and its similarities in German, Italy and Portugal The Penal Negotiating, as a measure of penalty extinction, intends to be one alternative to imprisonment, which, although, still proclaimed as a solution of the criminality iniquities, has just not been accepted by the modern doctrine anymore. To substitute it, finds itself in practice, today, the option of the negotiated penal law, inaugurated in Brazil by the Law 9099/95, and applied to the State Justice, reinforced by the Law 10259/2001, to the Federal Justice. The Law 9099/95 has brought, as novelty, the civil damage composition possibility in private penal action and in conditioned public action, as a manner of extinguishing the punishment, the penal negotiating and the conditional interruption of the lawsuit in the publics and privates penal actions. Each one of these institutes means to be alternatives to the restrictive liberty penalties

ASSUNTO(S)

princÃpio da oportunidade penal law obligatoriness principle suspensÃo condicional do processo opportunity principle penal negotiating transaÃÃo penal direito processual penal consensus theory direito processual penal princÃpio da obrigatoriedade composiÃÃo civil dos danos conditional interruption of the lawsuit direito pena penal procedure law teoria do consenso civil damage composition

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