Delação premiada e decisão penal: de um modelo eficientista a um modelo de integridade

Abstract

This work studies the plea bargaining in Brazilian law, with a focus on criminal justice that addresses the institute. The further examination of the elements that contributed to the introduction and expansion of plea bargaining in the current legislation reveals that it is a legal mechanism that, notwithstanding its inquisitorial, has been used to meet one of the guidelines imposed by the neoliberal environment installed in contemporary societies: the pursuit of efficiency in all forms of State action, even in adjudication. To exalt the "good" consequences of the institute, its benefits for combating crime, as well as lower costs for research and production probative, which demonstrates a pragmatic conception of law, in which fundamental rights considerations do not occupy any position privileged. The empirical research has examined the judicial approach taken by the High Courts and the Courts of Justice of the State Institute of plea bargaining, indicating the presence speechwriter judged on efficiency and the absence of discourses on the fundamental rights of the accused, either snitch, be denounced. Regarding plea bargaining before the finding of a jurisdictional action guided by a model efficientist, it is questionable whether such a model fits the paradigms set by the Constitution of 1988, notably with regard to the principles noble to the adversarial system. The analysis of the problem presented is performed based on the theoretical framework derived from the conception of law as integrity and Ronald Dworkin aims to propose an alternative way criminal justice efficientist the model, in which the first commitment is to the realization of fundamental rights.