A constitucionalidade da delação premiada frente aos princípios constitucionais do processo penal.

Abstract

Law is constantly evolving, this evolution is necessary for each legal branch to adapt to the needs and social interests of its time, avoiding obsolescence and remaining relevant to social development. However, with the constant updating of legal rules, new institutes appear in the field of law and, if not properly adapted to the principles that govern the legal system, may be at odds with the very bases of the legislation from which they derive. The plea bargain is an institute recently introduced to the majority of the Brazilian people, although its history in the criminal process is old. Therefore, it is necessary to address their requirements and guarantees regarding the rights of the accused. The present work will seek to define and contextualize the plea bargain and its application in the legal system, present positive and negative aspects of its presence in current law and discuss its application in Brazil, in some of the cases of greatest repercussion in the history of Brazil, in order to discuss its constitutionality. This is an explanatory research whose selected medium for obtaining the necessary information for the research was the bibliographic survey, with the consultation of several sources of information, which uses the deductive method and seeks, finally, to make an assessment on the use the instrument of the plea bargain in Brazil and its real impacts on the national order, concluding by the constitutionality of the institute.