Plea Bargaining, The Prosecution’s Unconstitutional Practices Favoring Efficiency: Negotiating to Broaden Criminal Selectivity

• Kauana Vieira da Rosa Kalache ^[1]
  1. [1] Pontifícia Universidade Católica do Paraná

     Pontifícia Universidade Católica do Paraná

     Brasil

     
• Localización: Análise crítica do direito Ibero-americano / coord. por Erica Guerra da Silva, Paulo de Brito; Fábio da Silva Veiga (dir.), Rubén Miranda Gonçalves (dir.), 2020, ISBN 9788409177011, págs. 473-482
• Idioma: inglés
• Enlaces
  • Texto Completo Libro (pdf)
• Resumen

  • Worldwide nations, during the last decade, have had an inclination towards aspects, theories and practices from the American criminal justice, as a result of its innovative, and sometimes lucrative strategies, such as the development of private sectors of the criminal justice system. Brazil, especially in the current political scenario, has shown through its ministers and governors, the clear intention of importing some of the American politics concerning criminal justice. After the presentation, by the Brazilian justice minister, of the project to incorporate to the country’s criminal system the American negotiation practice, Plea Bargaining, a lot has been discussed about its viability, legality and effectiveness. This research intends to demonstrate that the Plea Bargaining System as practiced today in North America has overvalued efficiency to the detriment of basic constitutional rights. Among the major issues involving the negotiations, this article will focus on those that would have a great impact in the Brazilian society if the practice were established, more specifically the failure to observe constitutional basic rights, such as the due process of law and the presumption of innocence, leading to the persecution of minorities.