Detalhes bibliográficos
| Ano de defesa: |
2019 |
| Autor(a) principal: |
Pachani, Leandro
 |
| Orientador(a): |
Pereira, Claudio José Langroiva |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso embargado |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
|
| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
Brasil
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/22922
|
Resumo: |
With increasing of organized crime on the world stage, new methods and parameters for addressing increasing criminalization were created. At the same time as criminal political measures for criminal expansion were enacted in the criminal procedural area, in criminal the context Of its efficiency, and no longer as an expression of guarantees and constitutional rights. It moved away from the conception and traditional elements of the Democratic Rule of Law, to assume. today, a true negotiating logic. In addition, the state crisis, with the privatization of criminal justice, the imposition of imported models and the absence of a criminal policy to strengthen and preserve individual guarantees, has created in the current scenario the creation of alien legal institutes that are not adequately framed in the law. Brazilian legal system in order to generate intense legal uncertainty as regards the prosecution of the state. This is the context for the brazilian plea bargain, synthetically disciplined Law no 12.850/2013. By Car Wash 'case and its considerable results, the State, while becoming dependent on this type of investigation, is trying hard to adapt the institute to the fundamental principles and guarantees of the Brazilian Federal Constitution of 1988, in order to generate for reported offenders greater legal certainty in the applicability of part of the prosecution constitutionals system. The goal of this study is to stimulate debate to enable the holistic view of criminal proceedings before the defendant to ensure a fair and democratic criminal process, With full respect for established and established constitutional guarantees. The possibility of contesting the brazilian plea bargain agreements, as well as the necessary right to confrontation, are fundamental expressions so there is the setting of fair and democratic criminal process and, ultimately, the expression of human dignity. With the full adoption of these principles, it can be said that the State Will be ready to prevent injustices and arbitrariness from being committed |
