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Having established the basic premises of the negotiated model and bargaining in contemporary criminal procedure and described them with in the Brazilian scenario, it is necessary to delve into the problems that inevitably permeate the establishing of agreements between prosecution and defence for the imposition of a punitive sanction based on the recognition of guilt. Based on six general critical commentaries systematically described (Sect. 4.1) and, subsequently, verified in the practical implementation of the criminal settlement in the Brazilian Small Claims Courts and the non-prosecution agreement (Sect. 4.2), the risks of expanding spaces for consensus in criminal justice and the importance of adopting a limiting stance to reduce damage will be outlined.

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Unveiling the Tension between Bargaining and the Foundations of a Democratic Criminal Procedure. Theoretical and Empirical Criticism on the Negotiated Model

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  • 发表日期：

    2026年

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  • Vinicius Gomes de Vasconcellos

摘要

Having established the basic premises of the negotiated model and bargaining in contemporary criminal procedure and described them with in the Brazilian scenario, it is necessary to delve into the problems that inevitably permeate the establishing of agreements between prosecution and defence for the imposition of a punitive sanction based on the recognition of guilt. Based on six general critical commentaries systematically described (Sect. 4.1) and, subsequently, verified in the practical implementation of the criminal settlement in the Brazilian Small Claims Courts and the non-prosecution agreement (Sect. 4.2), the risks of expanding spaces for consensus in criminal justice and the importance of adopting a limiting stance to reduce damage will be outlined.