Justiça penal negociada: análise à luz dos direitos humanos

Abstract

The purpose of this dissertation is to analyze the expansion of negotiation spaces within the scope of Criminal Procedure, based on the adoption of mechanisms related to Negotiated Criminal Justice in the national and international legal system. In this sense, a brief historical digression analyzes the different models of response to crime adopted from the Middle Ages to modern times, when the custodial sentence came to be understood as the main response applied. However, throughout the 20th century, this punitive model became the target of severe criticism, which paved the way for the development of other state responses to the commission of crimes, among them the so-called Negotiated Criminal Justice. Investigations into the subject, as well as into the first influences of negotiation in the criminal procedural sphere, were carried out based on a specific analysis of different legal systems, in the light of Comparative Law, with the aim of verifying the extent to which international experiences can contribute to improving the model currently adopted by the Brazilian criminal justice system. In addition, in the light of Critical Criminology, this study seeks to offer criticism of the indiscriminate use of so-called Negotiated Criminal Justice, which points to questions about the possibility of the relaxation of certain procedural rules resulting in a possible violation of human rights.