Justiça penal negociada: uma análise do princípio da obrigatoriedade da ação penal pública.

Abstract

he present research has as an object an analysis on the hygiene of the principle of obligatoriness of the public criminal action in the positive system prevailing even before the negotiated criminal justice that tendentially has been inserted in the Brazilian positive system as instrument of effectiveness of the power to punish the State, aimed at cherishing the collective unconscious of impunity that prevails in society. The Negotiated Criminal Justice, as a negotiation of punishment and instrument to combat crime, as it has been adopted in Brazil, ends up breaking with the constitutional paradigm of the criminal process, since it relativizes the constitutional guarantees of the Democratic State of Law. With certain instruments of negotiation of criminal sentence, what legal property is deserving of State protection is being abolished, by purely discretionary criteria and in true disrespect to the separation of functions. For this reason, it is necessary to maintain strict the principle of mandatory public prosecution, since it is a fundamental rule of undeniable democratic character, since it conditions all to equality, imposing a single act of the State with the curb of constitutional guarantees