A atuação policial como método extrajudicial de resolução de conflitos: a efetividade do delegado de polícia conciliador
The congestion of actions in the judiciary is a reality that leads to the slowness of Brazilian justice, which is why alternative methods of conflict resolution have emerged as a way of procedural celerity. With the advent of Law no 9.099/95, which established the Civil and Criminal Courts, there wa...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/49946 |
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| Resumo: | The congestion of actions in the judiciary is a reality that leads to the slowness of Brazilian justice, which is why alternative methods of conflict resolution have emerged as a way of procedural celerity. With the advent of Law no 9.099/95, which established the Civil and Criminal Courts, there was an implementation of negotiated criminal justice, which had as an institute, in particular, the criminal transaction, and the conditional suspension of the process. With the Anti-Crime Package, the Non-Persecution Agreement was created, another instrument of Negotiated Criminal Justice that mitigates the principle of mandatory criminal action by the Public Ministry. The objective of the present work is to explain to society and the legal community that it is possible that Police Delegates have legal autonomy to enter into agreements and transactions between accused and victims in which criminal offenses of lesser offensive potential and crimes of private or criminal prosecution are the object. conditioned to representation. The relevance of the fact is evident, because, if the Police Authorities start the conciliatory projects in the Police Stations, there would be a reduction in the number of procedures in the Special Courts, leaving the Judiciary only to investigate the legality and voluntariness of the agreement. The methodology used consists of deductive analysis, with bibliographic study and field research. Therefore, it is possible to conclude that the Police Delegates, public authorities with legal training to do so, can enter into agreements between the parties, even in an extrajudicial seat, and this transaction will be valid as a judicial executive title, when approved by the Judiciary, and an executive title extrajudicial when signed by two witnesses. |
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