O consenso no processo penal e as garantias do réu

Abstract

This study deals with economic criminal justice, an institute that establishes a mandatory settlement signed between the prosecution and the defense, with the aim of avoiding the initiation of criminal proceedings. By accepting this simplified procedure, the defendant agrees to accept a lighter sentence and the State is able to respond in a timely manner to requests for punishment. Notwithstanding the advantages of the consensual procedure in criminal proceedings, its practice has been sharply criticized by the doctrine, which has associated it with the reduction of fundamental rights and guarantees for the accused. In this context, this paper will analyze the models of consensual justice in the light of comparative law and examine whether in some models the practice of consensus coexists harmoniously with the guarantees of the accused. Finally, a brief analysis of the ANPP will be undertaken and the extent to which this mechanism approximates or diverges from the procedural guarantees of the accused will be examined. The premise is that consensual justice is inevitable given its prevalence around the world. It is concluded that the practice of consensual justice in criminal proceedings needs to be allowed, but improved in terms of parameters that are closer to the guarantees of the accused in the course of the proceedings.