Por uma justiça negocial constitucionalmente orientada: um diálogo possível entre o acordo de não persecução penal e o garantismo jurídico-penal

Abstract

The following dissertation falls within the scope of negotiating justice and its tendency to expand in Brazil. On the national scene, the great immersion in the universe of consensual justice occurred through the creation of the Criminal Non-Prosecution Agreement institute, brought about by Law nº. 13,964/2019 – Anti-Crime Law. Faced with this scenario, the question arises: How can the theory of criminal garantism be used as a theoretical reference that can bring the institution of the Criminal Non-Prosecution Agreement closer to the criminal process model designed in the Constitution of the Republic? The hypothesis put forward here is that the Theory of criminal garantism can be used as a theoretical reference to establish a criterion of delegitimization and damage reduction capable of bringing together the institute of the Criminal Non-Prosecution Agreement and the criminal process model designed in the Constitution of the Republic. In this context, the investigation proposed here aims to investigate how criminal garantism can be used as a theoretical reference that brings the institution of the Criminal Non-Prosecution Agreement closer to the criminal process model designed in the Constitution of the Republic. The research presented here is justified by the need to understand the expansion of new mechanisms of negotiation law both in Brazil and their adaptation to the legal systems of Democratic States of Law. For this investigation, the hypothetical-deductive method was used, using bibliographical research and documentary research techniques. For this investigation. In the end, it is understood that, although the models of negotiating justice are not compatible with the accusatory model provided for in the Constitution, its expansion cannot be ignored, and it is therefore necessary to establish measures to mitigate the anti-democratic imbalances of this institute of negotiating justice.