MACIEL, G. F.; http://lattes.cnpq.br/0689512695377349; MACIEL, Geneide de Fátima.
Resumo:
The Brazilian alike "plea bargain", widely used in other countries as an enlightening
instrument and prevention means to organized crime, is a legal trade, part of the
criminal procedure on legal evidence handling it is prominent in nowadays Brazilian
juridical order, especially in regard to ―white-collar" crimes where politicians and
businessmen are involved. The institute, even existing in the country for centuries,
came to be ordained more effectively in recent years, notably 2013. It is noticeable
though that this reality brought altogether numerous controversies that are common
to it. Therefore, the present work promotes a study of the Brazilian alike "plea
bargain", aiming to analyze the issue from an ethical and constitutional standpoint.
To do so, the method followed was the deductive approach, considering the current
legislation, the understanding of the courts and the bibliography concerning the
subject, thus far operating with the support techniques of bibliographic and document
research. The discussion developed at the research allows different comprehensions
of the Brazilian alike "plea bargain" facets, its main criticisms, regulations and
difficulties. Thus far one can concluded that the institute of the Brazilian alike "plea
bargain", despite presenting controversial points, such as the prediction of silence
renunciation, Is endowed with constitutionality, even internationally stated and
declared, as done by the German International Court and the European Court of
Human Rights, and recognized in the country by the Brazilian Federal Supreme
Court.