A importação de Institutos do direito processual penal Norte-Americano para o Brasil: uma análise sobre o Plea Bargaining

Abstract

This article sought to bring theoretical references that demonstrate the implications of the application of institutes of U.S. Procedural Law in the Brazilian Criminal Procedural System. The country has recently undergone a political transformation with several legal repercussions, the change of government and the social outcry for the actions of state entities against politicians and large businessmen involved in criminal schemes, especially in cases of corruption, opened space for the emergence of new criminal and procedural criminal laws with the intention of acting more rigorously to the practice of these crimes. In this period of legislative innovations there are proposals that are of application and dubious practical results for the penal system established in the country. Although a large part of the population disavows the effects of criminal proceedings, the worse the better, it can directly reach society when inserted in an unstudied way and adapted to our legal system. To carry out the research,the method used was inductive, with the bibliographic research of Brazilian and foreign authors dealing with the matter, in addition to the analysis of judicial cases that point to the understanding of the courts on the bargaining plea.