In light of the scenario outlined based on the critical analysis of the trends toward expanding spaces for consensus within Brazilian criminal procedure, one can state, as a general conclusion, that the introduction of bargaining mechanisms in a generalised and uncontrolled manner, authorising the imposition of sanctions without respect for due process rules, should be criticised and rejected within criminal justice, as it increases the risk of unjust penalties lacking the proper verification of facts, which in turn leads to inevitable violations of the premises of criminal procedure by completely distorting its essence: being an instrument of limitation of the State’s punitive power.