O instituto da colaboração premiada no Tribunal do Júri
The following paper has the main goal to evaluate if it is possible to apply the plea bargain in the jury court, and if it is possible, how this would work. It also intends to study the two institutes with practical goals and use the plea bargain with the a utilitarian perspective of reinforcement t...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/51500 |
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| Resumo: | The following paper has the main goal to evaluate if it is possible to apply the plea bargain in the jury court, and if it is possible, how this would work. It also intends to study the two institutes with practical goals and use the plea bargain with the a utilitarian perspective of reinforcement to the criminal prosecution of intention crimes against life, especially homicide. It is used the bibliographic methodological procedure, and the research exploratory, basic and qualitative. For so, this paper studies the plea bargain in its theoretical basis, highlighting its conceptualization, nomenclature and juridical nature through various angles. It aims to describe a historical report about the paper goal, defining its origins and legislative evolution until the edition of the law nº 12.850/13. It still analyzes the legal regulation of the institute in the Law mentioned before and its most important questions to the subject under discussion. On the other side, it verifies the constitutional bases of the jury, based on the integrality of defense, secrecy of voting, sovereignty of verdicts and competence to the trial of the intention crimes against life, for then punctuate the details of the biphasic procedure described in the code of criminal procedure. Moreover, it highlights that the crimes of the Jury can be committed in context of organizational base, mainly the murder, given as example many kinds of organized groups to the crime execution. Comparing the highlighted points, it shows that the plea bargain is useful to the jury court, serving as a mechanism of protection of the fundamental rights. It proves that it is more correct to the compatibilization to use the Law nº 12.850/13, for being about the normative ethics. It ensures that there is no conflict between the collaboration agreement as described in the Law nº 12.850/13 and the federal constitution. Therefore, being convinced of using the plea bargain in the jury court, as long as some precautions are taken, due specific suggestions for legislative changes are made for the improvement of this debated topic. |
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