PLEA BARGAIN

Theoretical and jurisprudential approaches, the Brazilian case and incursions in Comparative Law

Authors

DOI:

https://doi.org/10.21527/2176-6622.2021.56.9359

Keywords:

Criminal Association, Plea bargain, Normative dispersion, Utilitarianism, Probative legitimacy

Abstract

Abstract: The purpose of this paper is to analyze the institute of plea bargain. This is a qualitative work operationalized by bibliographic and documentary research, with an immersion in comparative analysis. Plea bargain was present at various times in history and it is an institute that carries inaccuracies in both conceptual and classificatory aspects, besides the problem of normative dispersion. In comparative law, Italy is a pioneer in the use of the institute. In Brazil, plea bargain receives treatment from a constitutional, utilitarian and probative perspective.  It is, therefore, concluded that Plea Bargain is an evolving instrument, particularly based to its conceptual systematization and normative unification.

Author Biographies

Fernando Soares Gomes, Montes Claros State University

Law Student at Montes Claros State University
Voluntary Scientific Initiation Scholarship - ICV / UNIMONTES

Ian Bernar Santos Barroso, Montes Claros State University

Law Student at Montes Claros State University

Leandro Luciano Silva Ravnjak, Montes Claros State University

Lawyer. College professor. PhD in Education from FAE / UFMG. Master in Agricultural Sciences from UFMG. Specialist in Labor Law and Labor Process, Specialist in Public Law, Specialist in Integrated Management: Environment, Health and Safety at Work.

Published

2021-12-16

How to Cite

Gomes, F. S., Barroso, I. B. S., & Ravnjak, L. L. S. (2021). PLEA BARGAIN: Theoretical and jurisprudential approaches, the Brazilian case and incursions in Comparative Law. Law in Debate Journal, 30(56), 98–116. https://doi.org/10.21527/2176-6622.2021.56.9359