DA (IN)CONSTITUCIONALIDADE DA TRANSAÇÃO PENAL EM FACE DO PRINCÍPIO DO DEVIDO PROCESSO LEGAL

Abstract

The purpose of this article is to present a study on the nuances that surround the institute of criminal transaction, as well as to point out the doctrinal and jurisprudential positions on the subject in order to conclude whether or not the referred legal institute violates the constitutional principle of due process. cool. Presenting the history of the follow-up of the Special Court, studying the principles related to the theme, as well as the guiding principles of the Special Court, knowing the objectives of the Special Criminal Courts, the legal nature of the Criminal Transaction and its applicability requirements and the principle of due process legal, from the hermeneutic research method, due to the fact that the research started from a bibliographic reference, as well as the explanatory and exploratory method. As a result, a definition regarding the constitutionality questioned by indoctrinators. Finally, it is understood as a constitutional act and has positive effects in the penal sphere, without violating the existing principles in the criminal process, especially that of due legal process.