Banca de DEFESA: Ulisses Paulo Lobato Gomes Junior

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Ulisses Paulo Lobato Gomes Junior
DATE: 11/12/2023
TIME: 14:00
LOCAL: https://teams.microsoft.com/l/meetupjoin/19%3ameeting_YzcxYjIxMDEtODkzMC00ZDVlLThiZmEtN
TITLE:

"NEGOTIABLE CRIMINAL JUSTICE IN BRAZILIAN LAW: THE INADEQUACY OF THE MANDATORY CONFESSION FOR THE CELEBRATION OF THE CRIMINAL NON-PROSECUTION AGREEMENT".

KEY WORDS:

risk society; negotiated criminal justice; non-prosecution agreement; compulsory confession; presumption of innocence; nemo tenetur se detegere

PAGES: 122
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The insufficiency of the traditional criminal justice model in the face of the modernization of criminality resulting from the current globalized social context, of permanent technological advancement and instantaneous transmission of information, demanded the search for alternative measures that would equalize the slowness and overload of the judicial system. In this context, the penal consensus emerged as a partial solution to the current anxieties of the so-called risk society, allowing for an abbreviation of the criminal process and a rapid state response to crimes of low and medium social reprehensibility. In Brazil, this new model was inserted by Law No. 9.099/95 and was recently revived by Law No. 13.964/19, with the institution of the non-prosecution agreement which, intended for those investigated for crimes with a minimum sentence of less than 4 years, committed without violence or serious threat, avoids the initiation of criminal proceedings by imposing certain conditions that, duly complied with, give rise to the extinction of punishability. The rule also establishes some assumptions for the execution of the agreement and among them the obligation of confession of the criminal practice by the investigated, which, according to what is intended to be demonstrated in this research, gives rise to an offense to the constitutional principles of the presumption of innocence and the right not to selfincrimination, and cannot serve as a means of proof beyond the officialization of the agreement and, therefore, it is unnecessary to achieve the purposes for which the negotiated criminal justice instrument is intended.

COMMITTEE MEMBERS:
Presidente - 1172631 - BEATRIZ VARGAS RAMOS GONCALVES DE REZENDE
Externo à Instituição - GABRIEL HADDAD TEIXEIRA - UNICEUB
Interna - 1904522 - JANAINA LIMA PENALVA DA SILVA
Externo à Instituição - Rafael de Deus Garcia - IDP