Consensualismo processual penal brasileiro : uma análise de constitucionalidade a partir da força normativa da Constituição da República Federativa do Brasil

Abstract

This paper focuses on methods of criminal procedural consensuality in brazilian law, analyzing the institutes, their rules and nuances in dialogue with constitutional and criminal procedural principles, rights and guarantees. The aim is to verify whether these principles, rights and guarantees are being accepted by the criminal procedural consensuality institutes already established in the brazilian legal system. This analysis was based on the theory of the normative force of the Constitution, originated by Konrad Hesse. Based on these premises and using the inductive method based on bibliographical, legislative and jurisprudential research, the objective is to reach a parameter of constitutionality for the methods of criminal procedural consensuality in the brazilian law. And this with a goal to assessing whether, in the light of the theories of the normative force of the Constitution, the institutes of criminal procedural consensuality meet the criteria of justice and constitutionality in the light of the Constitution of the Federative Republic of Brazil. The hypothesis is that there is still insufficient protection for some rights and guarantees of the accused, without this compromising the constitutionality of consensuality methods.