Análise da (in) compatibilidade do plea bargaining com o processo penal brasileiro

Abstract

This master’s dissertation analyzes the (im)possibility of importing a U.S. criminal negotiation institute into the Brazilian legal system: Plea Bargaining. Generally, plea bargaining can be defined as the exchange of official concessions in return for the defendant’s confession. Although succinct, the proposed concept identifies the two essential elements for characterizing the institute under analysis: (a) concessions granted by the State, in exchange for (b) the defendant’s admission of guilt, either through direct confession or by choosing not to contest their guilt. On this subject, the research sought to determine whether the adoption of plea bargaining, as a mechanism to expedite the final judicial response, is compatible with Brazilian criminal procedure. In particular, it analyzed the legislative bills proposed by Brazilian lawmakers attempting to incorporate plea bargaining into the country’s legal framework. The research also examined the origins of plea bargaining, the evolution of the procedure, and the controversies surrounding this U.S. institute. By concluding on its compatibility with the guiding principles of the national criminal process, the study aimed to establish a proper understanding of the institute and propose possible improvements to guide the approval of criminal agreements. In conclusion, although the abbreviated procedure dispenses with full evidentiary hearings, it does not authorize the complete elimination of a minimally qualified evidentiary basis. The requirement of sufficient evidence beyond the confession emerges as a balancing point, as it combines procedural efficiency with the preservation of the defendant’s guarantees. In this context, the study advocated the adoption of an intermediate evidentiary standard, which, while lower than the “proof beyond a reasonable doubt” required in a full trial, does not accept an isolated confession, demanding its corroboration by minimal extrinsic evidence