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RIO – One of the main proposals of the Minister of Justice and Security,
Sergio Moro,
the adoption of
Plea bargaining –
model of criminal justice in the United States where the accused can enter into an agreement with the Attorney General's Office
–
is disputed by the
Public defender of the state of Rio, who opposed the measure Sunday. No
Plea bargaining
, the accused pleads guilty in exchange for benefits in the form of reduced sentence For the Ombudsman, this type of agreement will encourage the guilt of innocent "under the constraint of imminent conviction", which would increase the case of injustice committed in the Brazilian penal system.
On Monday,
Moro will introduce an anti-crime bill
prepared by the Ministry of Justice and will be forwarded to the National Congress with measures against corruption, organized crime and violent crime, and
Plea bargaining
can be one of the elements of the project.
The defendant has prepared a technical note on the subject to be given to Moro, parliamentarians and ministers of higher courts. In this body, the body alleges that the measure violates "the constitutional guarantee of the inafasabilité of the judiciary, disqualifying one of the powers of the Republic, namely the judiciary". In addition, it is stated that
Plea bargaining
has already been surveyed in European countries and the United States.
The defendant also points out that the lack of public defenders in the country makes it impossible for an effective technical defense of those who can accept the agreement, who tend to be neglected.
"Negotiation is not a will agreement between topics subjects on a footing of equality." Between accusation and defense, the agreement is more about the constraint than the contract, "said Paloma Lamego, 2nd Deputy Public Defender in Rio de Janeiro.
In a video published Sunday on social networks, Moro said that the anti-crime measures that will be presented tomorrow are aimed at simultaneously combating various criminal modalities.
– Organized crime fuels corruption, most homicides are linked, for example, to drug trafficking or drug-related debts and, on the side of corruption, it empties available public resources. necessary to implement these effective public safety policies.
According to the Minister, "it is a simple project":
– It is therefore a simple project, with fairly objective measures, very easy to explain point by point, to deal with these three problems.
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