A Justiça consensual no Brasil e suas novas tendências: uma análise do acordo de não persecução penal e do “plea bargaining” à brasileira.

Abstract

The crisis of the criminal justice system in the world caused the emergence of the consensual model for resolving criminal conflicts. I this line, this monography will analyze in general, the experince of the foreign consensual justice and, more specifically, the brazilian’s one. About the domestic lesgislation, will be emphasized the new legislatives trends. Therefore, will be analyzed the non-persecution deal listed in article 18 of the Resolution number 181/2017 of the National Council of the Public Ministry (CNMP), then, will be spelled out the doctrinal discution about the constitutionality of the article. After, will be studied the proposal for insertion into Criminal Procedure Code of plea bargaining, listed in article 28-A and in, for now rejected, article 395-A of the “Anti-crime Bill”, pointing yours characteristics and the impacts that your approval might cause on brazilian’s legislation The objetive of this paper is to comprehend the institutes and to demonstrate that both are incompatible with the Federal Constitution. The methodology used is based on bibliographical research, with support in doctrinal works and articles about the Consensual Crimanl Justice and about the institutes of the non-persecution deal and the plea bargaining. Furthemore, it is also supported in the study of the laws in force and in the brazilian’s legal system, with a special focus on the Resolution number 181/2017 and on the Bill 882/2019, also the direct actions for the declaration of unconstitutionalit number 5790 and 5793. With this analysis will be verified that a change in criminal justice is really necessery, but the institutes in comment do not seem to be the best option, becouse they infringe rights and garantees, like the due process of law, the acess to justice, the adversary proceeding, the fear hearing and the principle of nemo tenetur se deterege.