Suspensão condicional do processo e a teoria do adimplemento substancial-reflexos na teoria geral do processo brasileiro.

Abstract

With the enactment of Law No. 9,099 / 95, consolidated in the Brazilian legal system the consensus Justice, especially with the advent of conditional suspension of the institute process characterized as despenalizador element against the criminal proceedings. Thus, the procedural probation is characterized as an agreement made between the offender, in theory, the crime and the prosecution, under the agreement of the judge, which left the conditions agreed that the beneficiary must meet to avoid the continuation of the criminal made where, if it meets your part will remain decreed the extinction of punishment and if that breaks, the benefit would remain revoked. The objective of this monographic research is to examine the repeal of that institute, in breach of situation, by the beneficiary, plot involved insignificant among the initially agreed, and its after-effects. In sight, with this, the analysis of the possibility of use of the due performance of Substantial Theory on probation Institute of the process, in order to even the front portion of default, the extinction of punishment remains characterized as the most appropriate measure be adopted, rather than the withdrawal of procedural boon and subsequent advent of prosecution. The research is theoretical and bibliographic nature, following the descriptive-analytic method. Presented the doctrinal and legal bases to corroborate this understanding, we intend to come to the conclusion real possibility of adaptation and use of this theory, originating from different branch of law, the criminal justice institute under review.