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The Minister of Justice and Public Security, Sergio Moro, announced that he would present in February an anti-corruption bill aimed in particular at importing into Brazil the model of plea bargaining . ] Plea bargaining is a kind of penal agreement in which the Crown offers the defendant a more just sentence in the face of the confession of the crime and thus at the end of the proceedings.
The hypothesis of the creation of this institute for Brazil shares the opinion of the experts. In an article published in Revista Epoca entitled The Heel of Moro the Criminist of Pierpaolo Cruz Bottini expresses skepticism at the proposal of the agreement.
"As a short white, the idea apparently solves the problem of procedural time, but creates larger ones.In the United States, this system is now the subject of harsh criticism because it leads many innocent people to accept the proposed sanctions given the financial costs and reputation of a process. "
For him, in Brazil, a system that allows the resignation of guarantees without strengthening the public defense and without effective judicial control of the agreements will lead to mbadive incarceration that will only exacerbate the crisis of the penitentiary system.
Bottini also says that if it is about solving the problem of slowness, there is another way. For the criminalist, it is well known that the criminal procedure has points
"In general, this occurs when the judge expects documents, sharing of evidence, delivery of data, search for addresses or the convocation of witnesses, and constitutes a bureaucratic obstacle to overcome with the incorporation of simple technologies allowing a rapid exchange of information.These instruments, widely used by Judge Sergio Moro in the "jet of lava", could be used by the Minister within the executive, through an exchange of experiences and agreements with the judiciary.A part of the problem would be solved without the risks of plea bargaining "he badysis.
Serious Consequences
The Penalist Jurist A ugusto of Arruda Botelho Former President and Counselor of the Institute for the Defense of the Right to Defense, Affirms that the Measure Needs not to be applauded and that there is an inconsistency between the speech of Moro and the Brazilian reality
Under the proposal, the minister excluded from the agreement the patrimonial crimes, such as the robbery and even robbery, and even those related to drug trafficking. Although the effectiveness of Brazilian justice is an ideal to pursue, the envisaged optimization will not result from these agreements, "he explains in an article published in the newspaper Folha de S. Paulo .
Para Botelho without optimization of justice, there will be serious consequences: the abandonment of procedural safeguards and the increase of the prison population. "Customers of such agreements, even excluding crimes against property, will continue to be poor young people who, without technical defense, will yield to the tempting appeal, even pressure, to confess and allegedly resolve their problems ", he says
In addition, according to Botelho, the judiciary will no longer appreciate the nullities, because there will be no procedure. Daniel Gerber is in favor of l 39; import of Daniel Gerber is favorable to the importation of ] plea bargaining. Still in an article of Folha de S.Paulo he says that the Brazilian society is tired of the lack of solution.
"Plea bargaining is a measure of modernization that meets this expectation: to offer the management of one's own destiny, far from the paternalism of a monopolized justice by the process and of a false protection of the interests of those involved in lida. "
In this article, Gerber believes that the proposal can be an effective and economical solution for
" In avenging itself, the judiciary holds its breath for to focus on larger business, avoiding to reinforce impunity and making better use of its resources.In addition to these benefits, a compromised justice is considering the badumption that the agreement reached between the defendant and the state will give the victims prompt and adequate redress, "he said.
According to Gerber, the argument that plead in bar gain will cause a "super-embarrbadment" is not true. "If the citizen is found guilty, punishment and compensation for harm is an inevitable consequence of his conscious choice to commit a crime." Therefore, the fact that such an agreement allows the state to be more effective in terms of sanction could never be considered negative ", states
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