Justiça consensual no direito penal brasileiro: uma análise da aplicação prática e entendimentos jurisprudenciais

Abstract

Through the presentation of judgments and comments, demonstrate how law enforcers have been putting into practice the precepts brought by law, as well as resolving possible conflicts of understanding that arose from the simple reading of the law, demonstrating the importance of jurisprudential analysis in better understanding of these institutes, in order to safeguard all the rights and duties of the parties. Through the analysis of the pertinent legislation and the most recent jurisprudence, this monograph aims to explain the means of consensus in Brazilian criminal law, punctually, the historical origins, the influence of other legal systems, their concepts, positivation, so that, having a correct understanding of these, we can analyze their practical application by the courts. In this present monograph, the methodology used was based on bibliographic analysis, positive law (legislative), and, mainly, jurisprudential. The methods used for the procedure were historical and analytical. The applied research technique had been carried out through bibliographic, legislative research and the main and most recent judged on the subject. In the first chapter, a historical analysis is made of the influence of other legal systems which served as inspiration, direct and indirect, for the creation of the instruments of criminal consensual justice in Brazilian law, briefly introducing the species present in our legal system, the importance of the creation by Law nº 9099/95 of the special criminal courts and other legislation that brought the positivation of these means. In the second chapter, each consensual criminal law instrument will be dealt with, namely: the criminal transaction, the composition of the damages, the conditional suspension of the process, the awarded collaboration and the non-criminal prosecution agreement. The third chapter will provide an opportunity for the jurisprudential analysis, from the presentation of the understanding of the courts when the practical application of the means of granting Brazilian criminal law, allowing the verification of how the law enforcers understand and put into practice, based on the specific case, the assumptions of these instruments, also checking if they achieve the objectives they intend to achieve: a faster and less bureaucratic right, guaranteeing benefits for both parties (accused and victim).