Spaces for Consensus in Brazilian Criminal Justice and their Expansion Trends: Current Mechanisms and Critique of Proposals for Broadening
摘要
After analysing the principled premises and conceptual contours of bargaining, the discussion now turns to the examination of spaces for consensus in the criminal justice system, both in their current manifestations and in proposed expansions. The focus will be on the Brazilian scenario, with an analysis of the spaces for consensus currently authorised by law, namely the mechanisms of the Small Claims Courts, the turn state’s evidence and the non-prosecution agreement, outlining their essential features within Brazilian negotiation justice. Next (Sect. 3.4), the study will examine legislative proposals aimed at broadening the spaces for consensus in the Brazilian criminal justice system, particularly through a critical assessment of the provisions on the fast-tracked proceedings and bargaining, as regulated in Senate Bill No. 156/2009 (comprehensive reform of the Code of Criminal Procedure) and Senate Bill No. 236/2012 (comprehensive reform of the Penal Code). Finally (Sect. 3.5), a comparative analysis will be presented between the Brazilian model and the international trend towards expanding conviction mechanisms without trial, similar to plea bargaining.