PLEA BARGAINING COMO IMPLEMENTAÇÃO DE CONSENSUALIDADE NO AMBITO DA JUSTIÇA PENAL BRASILEIRA

Abstract

This article aims to analyze the institute of the Agreement of non-criminal prosecution, which came into force in the Brazilian criminal legislation in 2020 through Law 13.964/19, entitled as “anti-crime package”. This agreement was idealized by the National Council of the Public Ministry through the foreign institute plea bargaining, and brought to Criminal Justice the possibility of an agreement between the parties involved, which entails the extinction of punishment of the accused with a milder sanction, if it fully complies with the conditions imposed. In addition, it brought with it a speedy and modern novelty: the mitigation of the obligation to bring criminal action. This is because the moment of offering the agreement is when the Prosecutor concludes that the Police Inquiry corresponding to the crime is not liable to be filed and when it is a crime that requires a reprimand. The article was elaborated through studies on the subject, involving constitutional principles, bargaining justice and plea bargaining. Thus, in the body of the article, there are studies referring to the implementation of plea bargaining in Brazilian criminal justice, its consensus method, requirements and conditions for proposing the mentioned agreement and, finally, its benefits, whether for the accused, when for society as a whole.