JUSTIÇA PROCESSUAL PENAL E A DELAÇÃO PREMIADA: UM OLHAR SOB A ÓTICA DO ACORDO DE PERSECUÇÃO PENAL

Plea bargaining, formally established more comprehensively in Brazil by Law No. 12,850/2013, has become a crucial tool in the fight against organized crime and corruption. It allows accused individuals to cooperate with authorities in exchange for legal benefits, such as reduced sentences. The intensive use of plea bargaining in cases like Operation Car Wash has highlighted its importance and effectiveness, while also raising debates about its implications and challenges. This study aims to analyze the impact of plea bargaining on the Brazilian criminal justice process, emphasizing its relevance for criminal prosecution and the associated challenges. The methodology employed in this study is qualitative, based on a literature review, revealing that its application faces challenges and that Brazilian jurisprudence defines limits and guarantees to ensure that plea bargaining is used fairly and equitably. The continuous evolution of these practices is essential to promote a cohesive and just penal system.

Publication Details

Journal
Revista fisio&terapia.
Published
2024-10-31
DOI
https://doi.org/10.69849/revistaft/ar10202410311324
Primary Topic
Brazilian Legal Issues
Type
article
Field-Weighted Citation Impact
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article

JUSTIÇA PROCESSUAL PENAL E A DELAÇÃO PREMIADA: UM OLHAR SOB A ÓTICA DO ACORDO DE PERSECUÇÃO PENAL

Revista fisio&terapia.
Brazilian Legal Issues
article

JUSTIÇA PROCESSUAL PENAL E A DELAÇÃO PREMIADA: UM OLHAR SOB A ÓTICA DO ACORDO DE PERSECUÇÃO PENAL

article en

Abstract

Plea bargaining, formally established more comprehensively in Brazil by Law No. 12,850/2013, has become a crucial tool in the fight against organized crime and corruption. It allows accused individuals to cooperate with authorities in exchange for legal benefits, such as reduced sentences. The intensive use of plea bargaining in cases like Operation Car Wash has highlighted its importance and effectiveness, while also raising debates about its implications and challenges. This study aims to analyze the impact of plea bargaining on the Brazilian criminal justice process, emphasizing its relevance for criminal prosecution and the associated challenges. The methodology employed in this study is qualitative, based on a literature review, revealing that its application faces challenges and that Brazilian jurisprudence defines limits and guarantees to ensure that plea bargaining is used fairly and equitably. The continuous evolution of these practices is essential to promote a cohesive and just penal system.

Revista fisio&terapia.Vol. 28(139)
Peace, Justice and strong institutions
Openalex Percentile: Top 64%
Brazilian Legal Issues
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