O acordo de não persecução penal e seu subjetivismo: desenhando um sistema processual consensual garantidor de direitos fundamentais

Abstract

In this paper, we explore criminal procedure with a focus on the Plea Bargain introduced by the Anti-Crime Law in Brazil. We discuss the evolution of criminal procedure, transitioning from an inquisitorial system to a more accusatorial one, aiming to balance the investigation and protection of individual rights. We examine the requirements of the Plea Bargain, emphasizing the need for fair and equitable application, avoiding arbitrariness. We highlight the importance of objective criteria to ensure a proportional criminal response. However, criticism arises due to subjectivity in the application of the Plea Bargain by the Prosecutor's Office and the Judiciary. We advocate for transparency, clear criteria, and decision review to ensure impartiality. Additionally, we underscore principles and functions of criminal procedure, such as due process and the right to defense. We discuss conflict resolution alternatives like conciliation and mediation, emphasizing respect for the parties' rights. In summary, this discussion covers various aspects of criminal procedure and the Plea Bargain, emphasizing the pursuit of balance, justice, and respect for fundamental rights.