JUSTIÇA CRIMINAL CONSENSUAL: análise dos institutos despenalizadores dos Juizados Especiais e do Acordo de Não Persecução Penal

Abstract

The present work analyzes the decriminalizing institutes and their effects on forensic practice. The problem consists in highlighting the indispensability of these institutes, given the unsustainable situation that the criminal justice finds itself in, insofar as small and/or medium offensive potential offenses congest the Judiciary Power. The objective is to demonstrate how the application of these consensual devices provide advantages for a whole range of procedural subjects, through efficiency and speed. This work deals with the main points concerning the institutes of civil composition of damages, criminal transaction, conditional suspension of the process and the non-criminal prosecution agreement. Theme immersed in the divergence of opinions before Brazilian doctrine and jurists, a thorough and impartial analysis is necessary for that. To achieve the objectives of this work, research of a basic nature, the bibliographic/inductive methodology was used. At the end of the study, it is noted that the Brazilian criminal justice system is moving towards the consolidation of consensus as the main artifice for solving disputes, and such measures show greater efficiency in the face of inordinate demand for criminal actions.