A justiça consensual no processo penal: o modelo americano e o instituto da plea bargaining

Abstract

This study aims to analyze the North American model of consensual justice, focusing on the Plea Bargaining Institute and the role this instrument plays in the United States, as well as the problems about importing and influence of the same in Brazil. The aim is to, therefore, examine the main features of the US court system and the role of consensual justice in a criminal realm, analyze the most relevant problems about importing mechanisms of a legal system to another, appreciate the influence of the American model in Brazil, in addition to reviewing the implementation and maintenance of the Plea Bargaining institute. This study is justified by the trend in Brazil of importation, adaptation and adoption of institutes in criminal proceedings with regard to consensual justice, whose main source the US model and its Institute of Plea Bargaining. Were gathered in the course of this work exhibits of many who talk about the subject to at the end, check if the Plea Bargaining is an instrument that must have its validity maintained and if it is a viable medium and a recommended one to be adopted across the Brazilian reality.