JUSTIÇA NEGOCIAL E GARANTISMO PENAL: A FRAGILIZAÇÃO DA EPISTEMOLOGIA GARANTISTA A PARTIR DA EXPANSÃO DOS ESPAÇOS DE CONSENSO NO PROCESSO PENAL BRASILEIRO
NEGOTIAL JUSTICE AND CRIMINAL GUARANTEEISM: WEAKENING OF THE DUE PROCESS OF LAW ACCORDINGLY THE EXPANSION OF CONSENSUS SPACES IN THE BRAZILIAN CRIMINAL PROCESS
DOI:
https://doi.org/10.21527/2176-6622.2021.55.215-229Keywords:
garantismo;, devido processo legal;, negociação processual penal;Abstract
This paper aims to evaluate the impact of consensual justice mechanisms on the national legal system, particularly on the criminal procedural system. Assuming that the Constitution of the Republic has housed a series of limiting guarantees of the punitive power of the State, the intention here is to examine the tension generated from the emergence of negotiation mechanisms in the face of the guarantee epistemology normatized by CRFB/ 88. The aim is to demonstrate that the current negotiated instruments - as well as the current proposals for expanding consensus spaces - represent potential damages to the effective protection of individual rights and guarantees, given that, based on a utilitarian and efficient logic, these mechanisms will advocate the discourse that limitations on punitive power are obstacles to the realization of an efficient criminal policy, thus undertaking projects aimed at making these guarantees more flexible.
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