Negociação na justiça criminal: análise dos impactos do acordo de não persecução penal no sistema processual penal garantista e a (in) violabilidade de garantias constitucionais.

Abstract

The objective of this work is to analyze the effects of negotiation on justice criminal in the Brazilian legal system, which has guarantor tendencies, mainly in relation to the institution of the Criminal Non-Prosecution Agreement. Having in view of the relevance of the protection that the Federal Constitution of 1988 and other laws in force in the country have fundamental rights and guarantees, it becomes necessary and It is extremely important to analyze how much an investigator with a criminal charge to his disadvantage, he has to resign to benefit from a bargaining institute. The impetus for this work is justified here. Due to the fact that the guarantees constitutionally guaranteed to the individual are a protection against a State authoritarian and abuses his power, it cannot be denied that he is extremely It is necessary to study the possible impacts and violations related to such rights. From this perspective, given the guarantor theory of Luigi Ferrajoli and his 10 axioms to regulate criminal action, it is essential to analyze the introduction of institute of the Criminal Non-Prosecution Agreement, an institute of efficient nature, in view of of a legal system with evident guaranteeist tendencies and applications. He was bibliographical research was used as a methodology for analyzing what had already been written on the topic. So, the objectives were: analysis of the impacts of a efficiency instrument in the face of a guaranteeing legal system, verification of possibility of relativization and the availability of procedural guarantees and the study to understand whether there are more benefits than harms. As justification, the reason for the research, was the fact of the crisis in the Judiciary and Penitentiary and procedural overload. There was also a great need to analysis of the contributions of Consensual Justice, focusing on the No Criminal Persecution, which is why research was carried out on the effects of the ANPP and the reason discussions about its requirements for celebration and concession. It was seen that there are two sides, two poles of criminal justice negotiation: on the one hand, view as synonymous with speed, saving time, reducing expenses and freedom of accused. On the other hand, there are violations of the very intact provisions of the Constitution Federal Law of 1988, which are the fundamental rights and guarantees of a criminal proceedings.