Name: DIÔGO ABINEDER FERREIRA NOLASCO PEREIRA
Publication date: 17/05/2019
Advisor:
Name |
Role |
|---|---|
| RICARDO GUEIROS BERNARDES DIAS | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| RICARDO GUEIROS BERNARDES DIAS | Advisor * |
Summary: The present research aims at an analysis of the hygiene of the principle of mandatory public prosecution in the positive system in force even before the negotiated criminal justice system that tends to be inserted in the Brazilian positive system as an instrument of effectiveness of the state punitive claim, aiming at cherish the collective unconscious of impunity that reigns in society. The Negotiated Criminal Justice, as a negotiation of punishment and instrument to combat crime, as it has been adopted in Brazil, ends up breaking with the constitutional paradigm of the criminal process, since it relativizes the constitutional guarantees of the Democratic State of Law . With certain instruments of negotiation of criminal sentence, what legal property is deserving of State protection is being abolished, by purely discretionary criteria and in true disrespect to the separation of functions. For this reason, it is necessary to maintain the principle of compulsory public prosecution, since it is a fundamental rule of undeniable democratic character, since it conditions all to equality, imposing a single act of the State with the curb of constitutional guarantees.
Key-words: principle of obligation; negotiated criminal justice; fundamental norm; equality; constitutional guarantees
