Transação Penal: uma análise sobre o cabimento nos casos de ação penal privada à luz do ordenamento jurídico brasileiro.

Abstract

The Special Criminal Courts were created and regulated by Law 9.099 / 95, in order to comply with the constitutional provision foreseen in article 98, I. The aforementioned Courts opt for simpler and less formal criteria than the ordinary Ordinary and Summary procedure, adopting principles that prevail by speed, procedural economy and even simplicity, reasons why they judge less complex matters and crimes of less offensive potential, in addition to criminal contraventions. Aiming at reducing the bureaucracy of justice through its quick and easy access, several institutes were created, as is the case of the Criminal Transaction that was presented in detail in this paper. The outstanding institute is a point of relevance of doctrines and jurisprudence, finding controversial points about its application to crimes of private initiative criminal action, besides all regulation and consequences of its noncompliance. Therefore, the purpose of this monographic work was to discuss the institute in the light of the Brazilian legal system and, finally, to analyze its admission in criminal cases of private initiative. The study, carried out through bibliographical research, jurisprudence and legislation, focused on procedural principles, criminal prosecution on the classification of types of criminal actions, historical and comparative contribution of the institute and focused, above all, on the main peculiarities of the Criminal Transaction , finally verifying the possibility of its application to both types of criminal actions, whether of public initiative or private initiative.