Full Description
This book provides a critical analysis of the expanding trends in consensual mechanisms within the Brazilian criminal justice system, primarily stemming from the introduction of negotiation-based procedures, such as the collaboration agreement and the non-prosecution agreement. Although still distinct from American plea bargaining, Brazilian criminal agreements fall within the framework of negotiated criminal justice, aiming to obtain a confession from the defendant in exchange for a reduced penalty or other procedural benefits. This trend aligns with a strong international inclination, increasingly driven by the widely debated goal of procedural acceleration.
After outlining the introductory concepts of mandatory prosecution and discretion, the book will delineate the key characteristics of criminal agreements, particularly drawing on the significant example of the United States. It will explore the possibilities of consensual mechanisms within the current Brazilian legal framework. Finally, a critical assessment will be offered on negotiation-based justice and the plea bargaining process, revealing its unavoidable contradictions and inconsistencies, which lead to severe risks of violations of fundamental principles in criminal procedure law.
This book is aimed at legal professionals such as judges, prosecutors, defense attorneys, and law clerks, who are directly involved in the administration of criminal justice. Additionally, the book is highly relevant for academics, researchers, and law students who are interested in understanding the evolving dynamics of negotiated justice and its implications for due process and the rule of law. Policymakers and legislators may also benefit from the insights provided, particularly in shaping or reforming legal frameworks around plea bargaining and other consensual mechanisms.
Contents
1 Introduction.- 2 Legality or Opportunity: Defining Variables and Delimiting the Boundaries of Bargaining in the Consensual Justice System.- 3 Spaces for Consensus in Brazilian Criminal Justice and Their Expansion Trends: Current Mechanisms and Critique of Proposals for Broadening.- 4 Unveiling the Tension Between Bargaining and the Foundations of a Democratic Criminal Procedure. Theoretical and Empirical Criticism on the Negotiated Model.- 5 Final Considerations.
