Justiça consensual como instrumento de efetividade do processo penal no ordenamento jurídico brasileiro / Consensual justice as an effectiveness instrument of the criminal process in the Brazilian legal system

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

10/06/2009

RESUMO

This work focuses on the subject of consensual justice as an effectiveness instrument of the criminal process in the Brazilian legal system. The objective is to analyze the agreements between prosecution and defense during criminal prosecution, contributing to the academic discussions on the problems aroused by consensual solutions when confronted with the process principles. Referring to Law n. 9.099 of September 26, 1995, which introduced the criminal consensual model in our country, we investigated whether and how the consensus has contributed to the effectiveness of the Brazilian criminal process, questioning even if changes are necessary. Besides the civil composition, the criminal transaction, and the conditional process suspension, the study comprises considerations on foreign consensual institutes. It is a current theme and has instigated research in several countries, considering the expanding trend of agreements in the criminal sphere. It is a theoretical-bibliographical-natured research guided by a descriptive-analytical method. The study concluded that the consensus-based alternatives are really significant to the judicial system and that they provide a range of answers to delict behaviors. Finally, we presented suggestions of legislative changes that could improve the Brazilian consensual criminal model.

ASSUNTO(S)

ação penal alternative procedures consensual criminal justice law n. 9.099/95 criminal transaction process effectiveness processo penal transação violência doméstica

ACESSO AO ARTIGO

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