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One of the first acts of the Minister of Justice and Public Security, Sergio Moro, is leading the National Congress, in February, with a bill against crime. Moro's plan is to deal with what he calls the bottlenecks of the criminal justice system, with simple proposals. Among them, to include the model of Plea bargaining in the country, as he quoted in a speech at the inauguration ceremony.
In these, during the confession of a crime, the process is closed in exchange for a lighter sentence, such as less time in jail, a fine or community services, for example. The agreement is between the accused and the Attorney General's office.
"There is no such thing as a very effective strategy of increasing sentences alone, but rather to address the bottlenecks of criminal law and criminal procedures that affect the effectiveness of the law. of the criminal justice system Simple but effective proposals, such as, inter alia, the forecast of police operations disguised to fight crime, prohibition of scheme progression for members of the criminal justice system. armed criminal organizations and the plea bargaining so that justice can solve the problem
According to Moro, more complex projects will follow and will be discussed with other ministries, police, the prosecutor's office and organized civil society in order to "reduce the incentives and opportunities for the practice of corruption and other crimes." There are still no details r the Advocacy Negotiation Project . The GM says that he is still in development.
For now, experts understand, on the basis of the Minister's intention, that it is necessary to review the project closely and become aware of the important problems.
The National Forum of Criminal Magistrates (Fonajuc), an entity composed of state judges, federal, military and labor, is a non-governmental organization. all regions expressed their support for the project, believing that the lack of efficiency and speed of criminal justice contributed to legal uncertainty through impunity.
"The Forum understands that negotiation techniques in criminal law and procedure are relevant and fundamental instruments for the establishment of a more efficient justice system in the country" ", he said. The construction of such a system in Brazil, however, according to Fonajuc, requires observing the context in which the country is located. of the plea bargaining system, the Forum states in particular that the disposition of the natural judge should no longer be validated when there is insufficient agreement to respond to the act in question.
The National Forum supports that the lack of efficiency / speed of criminal justice contributes to legal uncertainty and, above all, to impunity, that we must fight, and therefore supports the idea central to the proposal of the Minister of Justice. student PhD in criminal proceedings of & # 39; Humboldt University of Berlin, Luis Henrique Machado must, however, be cautious. He says the project is a source of inspiration for Anglo-Saxon criminal law, especially American, which is highly contested in the field of human rights.
"Suffice it to say that there are 2.3 million prisoners in the United States, the largest prison population in the world, the vast majority of whom live in the same country. Children are serving a sentence of imprisonment. In perpetuity and the death penalty is still in force in some states of the federation.It is important to remember that about 95% of criminal cases are closed as part of plea bargaining . There are innumerable complaints from convicted persons who accuse the investigative body of duress to conclude the agreement.We unfortunately import the worst of the United States. "
For the criminalist Fábio Tofic Simantob The United States has the largest prison population in the world, so the model is at the origin of these data. "The American model is a formidable and quixotic model that is unregulated agreement.It has generated the largest prison population on the planet.More than 90% have not suffered from any kind of disorder. minimal examination.
"The lawyer does not do everything that is good in a country." Jorge Nemr partner of Leite, Tosto and Barros Advogados, adds to the group of those who fear that the project does not take revenge, according to him, it is possible that the number of cases decreases, but the number of cases increases (19659002) "is to give more power to the prosecutor and that it can serve as a currency of coercion and d & # 39; 39, exchange for some deputies, especially in smaller towns and more distant ", Nemr frowned.
Importation Plea bargaining is a strategy that also causes the mistrust of the criminalist André Callegari who emphasizes that Brazilian systems and American show significant differences. The overlay of charges causes the accused to agree without any scrutiny.
"The process is expensive in the United States and, as the member can impute several overlapping identical facts, the defendant is afraid and accepts the agreement, but there are studies that show that many of them would not give rise to a conviction if the case was brought in. Aury Lopes Jr criminal lawyer, is also vehement: it would be a disaster and would represent the explosion of a prison in Brazil. "
he understands that the expansion of trading spaces is a universal and inexorable trend that the country is not going to flee. He also points out that the draft reform of the Criminal Procedure Code negotiated in the Chamber of Deputies since 2010, " Plea bargaining The United States is not part of the Brazilian system."
"American advocacy negotiations do not fit into the Brazilian system, today we are talking about 90% of American transactions as if they were extremely positive, while this is not the case. This is not the case.This represents a jurisdictional gap.Nine out of ten cases have been settled through negotiation between the accused and the MP.This is an excessive business logic in the process. of the prison population is a symptom of trivialization, "he said.
According to him, this model has already shown a number of problems and is the subject of criticism in many European countries, such as Italy for example. negotiate about 40% of cases. "It would be a disaster.The explosion of the penitentiary system.And, more than ever, in the context of the prevailing selectivity in the country, the mbadive incarceration of the privileged client of Brazil, the poor," points out -t it. São Paulo believes, however, that alternatives to imprisonment are still desirable. "The widening of the scope of cartel offenses and the extension of alternatives to imprisonment are the only viable path in Brazil. pressure instruments for the most humble, hence the need to authorize agreements until sentencing.In any case, any project that devotes alternative jail time is welcome ", did he declare.
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