ANÁLISE ESTRUTURAL DOS MODELOS E INSTITUTOS DE CONSENSUALIDADE NO SISTEMA PENAL BRASILEIRO

Abstract

This paper analyzes the models and institutes of consensus existing in the Brazilian legal system related to the exercise of the State's right to punish. From the contextualization of the phenomenon of agreements in law theory, it analyzes the bases and evolution of institutes of negotiated criminal justice until formulating conclusions that allow a comparison to be established between them, identifying points of contact and difference. It notes that the institute of “plea bargaining” is within a larger context of deals in the criminal process and that, although it has been invoked several times throughout history, in fact, it has only gained shape as such recently.