Banca de QUALIFICAÇÃO: CAIO VANUTI MARINHO DE MELO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : CAIO VANUTI MARINHO DE MELO
DATE: 20/11/2020
TIME: 11:00
LOCAL: UFRN – PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO/VIDEOCONFERÊNCIA
TITLE:

The due process of law in the rewarded collaboration

KEY WORDS:

 Plea bargaining. Negotiate criminal justice. Due process of law. Constitutional theory of criminal procedure.

PAGES: 204
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The present work intends to analyze the constitutional conformity of the award-winning collaboration with the guarantee of due process of law and the constitutional theory of criminal procedure. It is then necessary to first investigate the movement for the expansion of criminal justice negotiations in the world, focusing on the efficiency bias of this movement and the possibility of reviewing the fundamentals of collaboration in order to make it compatible with a guaranteed process model. In addition, it is necessary to study how criminal justice in business happens in the United States, under the nickname plea bargaining, since this legal system is one of the most influential in the Brazilian legal system. Thus, the history, modalities and, especially, local criticism of plea bargaining will be analyzed. It then presents the dogmatic study of the awarded collaboration, starting with the definition of its concept and legal nature, in order to define the assumptions and requirements of the agreement, the definition of the object of the agreement, that is, the benefits, waivers and obligations of the collaborator, the procedure of collaboration, divided into four phases: negotiation, formalization and homologation, effective collaboration and granting of benefits and, finally, the anticipated forms of resolution of the agreement, that is, the retraction and termination. At the last moment, the focus is on specific conflicts between the negotiating practice and some guarantees of due legal process. First, they focus on the so-called organic guarantees of the criminal process (independence, impartiality and accusatory structure), in order to reveal the magistrate's role in a consensual criminal process. Subsequently, the focus shifts to procedural guarantees, especially the guarantees of a broad defense and adversarial process and their restriction in relation to the accused accused accused, the non-waiver of the right to silence and its consequences, the need to overcome the system of secrecy of collaboration, establishing a system of publicity after receiving the complaint and the reflexes on the principle of presumption of innocence, especially in the biases of trial rule and probationary rule. 

BANKING MEMBERS:
Interno - 2230148 - ERICK WILSON PEREIRA
Interno - 1254860 - FABRICIO GERMANO ALVES
Presidente - 1149384 - WALTER NUNES DA SILVA JUNIOR