A (in)aplicabilidade do instituto da barganha no tribunal do júri brasileiro

Abstract

This study begins by making a brief analysis of the historical development of the jury's court in some countries, and, later, examining the Jury Court present in Brazil and the United States of America. From this comparison, a recurrent institute is examined in the American system, being it, the institute of the bargain. After, it is elucidated how the negotiating justice is expressed in the Brazilian legal-penal field through the institutes of the criminal transaction, the conditional suspension of the process and the awarding of the award. In the end, to determine if it would be possible and recommended the implementation of plea bargaining in the Brazilian Jury Court, verifying whether the prosecution could have a wide criminal prosecution, negotiating with the accused the terms of the imputation and the sentence, in exchange for the Guilty plea, as well as whether the prosecutor's office could withdraw from the criminal action already initiated or reduce the seriousness of the accusation made.