Uma análise crítica acerca da fragilização dos fundamentos do processo penal diante da importação da justiça negocial e da expansão do consenso

Abstract

The present work aims to analyze the points of eventual conflict between the commercial criminal justice and the primordial foundations of the Brazilian Criminal Procedure having as central parameter the Constitution of the Federative Republic of Brazil of 1988. Therefore, a reflexive analysis about the importance of the institutes of the consensus and its applicability in the homeland order as a mechanism to control the slowness of the traditional system in view of the exponential increase of the deals in progress. In this matter, we highlight some constitutional precepts that can generate clash with the previous agreements, such as the principle of due process of law, the obligation of presumption of innocence and the foundation of jurisdiction, overcoming the challenge to be faced by the Legislature and the Judiciary. in the compatibility of the consensus institutes with the dictates of the homeland order. Finally, it is concluded that the adoption of severe measures to minimize delays in criminal judicial protection is essential, however, the shortening of due process of law must be in line with the constitutional commandments.