A delação premiada e a barganha (PLEA BARGAINING) no ordenamento jurídico brasileiro

• Autor(a) principal: Rosalmeida, Natalia de
• Data de Publicação: 2013
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/27353
• topic: Delação premiada; Denúncia (Direito penal); Crime organizado

This monograph begins with a historical analysis of organized crime in the brazilian and international scene, showing how it developed the current model of organized crime. Then, move on to the study of legislative techniques and public policies applied by State to fight crime. In this context, there is the plea bargaining, which is used in the criminal prosecution, authorizing a granting of benefits to the law-offender in exchange for priviliged information about the authorship and materiality criminal, with the main goal to disarticulate criminal groups. By understanding the institute, it is possible verify that the State negotiates with the delinquent, using a kind of bargaining inspired by the north american institute named ''plea bargaining''. The negotiations, however, are not restricted for the repression of serious crimes. The Law number 9.099/95, with the creation of Special Criminal Courts, inaugurates a model of Consensual Justice in criminal matters, marked by the fast resolution of conflicts involving offenses considered low harmfulness. Seeking to increase the bargaining power of State, Project of the New Criminal Code (PLS Number 236/2012 ) presents a device that authorizes and regulates the bargaining involving the confession of the accused and the immediate application of the penalty. The research, based on a bibliographic and documentary review, aims to present the possibilities of negotiation in Brazilian Criminal Law scene, seeking as reference the model of bargain used in United States.