Acordo de Não Persecução Penal: uma análise crítica de sua aplicabilidade a partir de um estudo jurimétrico e da análise econômica do direito
By demonstrating that the Criminal Justice in Brazil is characterized by inefficiency and slowness, which spread the feeling of impunity in society in the face of the increasing sophistication of crime, debates on the search for efficiency in criminal procedural science and the need to apply Consens...
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| Formato: | tesis de maestría |
| Estado: | Versión publicada |
| Fecha de publicación: | 2024 |
| País: | Brasil |
| Recursos: | Pontifícia Universidade Católica de São Paulo (PUC-SP) |
| Repositorio: | Repositório Institucional da PUC_SP |
| Idioma: | portugués |
| OAI Identifier: | oai:repositorio.pucsp.br:handle/42179 |
| Acesso em linha: | https://repositorio.pucsp.br/jspui/handle/handle/42179 |
| Access Level: | acceso embargado |
| Palavra-chave: | CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO Direito Penal Consensual Análise econômica do direito Jurimetria Acordo de Não Persecução Penal Estudo jurimétrico Consensual Criminal Law Economic analysis of law Jurimetry Non Criminal Prosecution Agreement Jurimetric study |
| Resumo: | By demonstrating that the Criminal Justice in Brazil is characterized by inefficiency and slowness, which spread the feeling of impunity in society in the face of the increasing sophistication of crime, debates on the search for efficiency in criminal procedural science and the need to apply Consensual Justice mechanisms to meet the needs of post-modern society. The movement that occurred in countries such as the United States, given the success in the application of plea bargain, influenced the use of agreements in criminal law in other countries, including those with a Civil Law system, such as Brazil, since 1995, with the advent of Law n. 9.099. The most significant change in recent years in the Brazilian legal system, with regard to Consensual Criminal Justice instruments, was the introduction of the non-criminal prosecution agreement with the advent of Law n. 13.964/2019, emerging as a modern method for obtaining effective solutions in the Criminal Process, guaranteeing efficiency, speed, respect for the rights and guarantees of the parties and rescuing the victim. Thus, the scope of this work is to analyze the important aspects of the non-criminal prosecution agreement in the Brazilian legal system and its practical application as a criminal policy instrument in the construction of an efficient Criminal Process. Initially, the research was based on the deductive method, using a qualitative methodology, using doctrines, articles and legislation, analyzing the emergence of Consensual Criminal Justice, a historical contextualization regarding the expansion of criminal law and the dictates of Jesús-María Silva Sanchéz and his theory regarding the speed of criminal law, the relationship between Consensual Justice and the Economic Analysis of Law and then the institutionalization of the non-criminal prosecution agreement in the Brazilian legal system. Finally, a quantitative analysis was carried out, based on legal research developed within the scope of the Research Group “Policy Effectiveness and Criminal Justice” at the Pontifical Catholic University of São Paulo, regarding non-criminal prosecution agreements made at the Criminal Forum da Barra Funda, in the year 2022, with this data having been qualitatively analyzed. It appears that the non-criminal prosecution agreement is an appropriate and efficient instrument for contemporary criminal proceedings, however, it is necessary to standardize its application in order to avoid its trivialization |
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