The Special Criminal Courts and Criminal Transaction: The Unnecessary Freedom of Private Penalty
This article aims to analyze the historical circumstances that led to the emergence of the Special Criminal Courts as well as the institutes introduced by Law No. 9,099 / 95, it emphasizes the criminal transaction. It can be notice that the inclusion of a new systematic procedural came from the need...
| Autores: | , |
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| Formato: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2015 |
| País: | Brasil |
| Recursos: | Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) |
| Repositorio: | Revista de Formas Consensuais de Solução de Conflitos |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.indexlaw.org:article/443 |
| Acesso em linha: | http://www.indexlaw.org/index.php/revistasolucoesconflitos/article/view/443 |
| Access Level: | acceso abierto |
| Palavra-chave: | Criminal courts Decriminalization Criminal transaction Juizados criminais Despenalização Transação penal |
| Resumo: | This article aims to analyze the historical circumstances that led to the emergence of the Special Criminal Courts as well as the institutes introduced by Law No. 9,099 / 95, it emphasizes the criminal transaction. It can be notice that the inclusion of a new systematic procedural came from the need to give a better response to the petty crime. For this purpose, the paternal legislator inserted in the parental order some institutes, if they do not reformulate, which it aims to grant new possibilities to the criminal justice system, especially the criminal transaction, innovation which privilege the principle of no need deprivation of liberty. This way the composition of civil damages, the conditional suspension of the proceedings and the criminal transaction emerged as a way to introduce a thought turned to the consensual resolution of criminal claims, based on decriminalization. It was used bibliographical research as methodology. It aims to understand the historical moment that they gave the news, as well as the reason that led the legislator to choose this issue. |
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