THE CONTRIBUTION OF MEDIATION IN NEGOTIATED CRIMINAL JUSTICE AS A CRITERION FOR THE WAIVER OF THE ACCUSED'S FUNDAMENTAL RIGHTS AND GUARANTEES

Abstract

The research presented here aims to analyze the contribution of mediation within negotiated criminal justice to the waiver of fundamental rights and guarantees in criminal proceedings, given that the concepts of consensus and procedural celerity are increasingly shaping criminal procedural law in democratic nations. The research design details a qualitative approach, the hypothetical-deductive method, and a functional analysis of criminal legal norms.Negotiated criminal justice solutions have multiplied in recent years, posing a wide range of challenges to the pure and traditional pure proceduralist doctrine, to the traditional rights of procedural actors, questioning whether the profusion of (increasingly) organized criminality and the technological and transnational methods of iter criminis have not altered the center of the dialectic tension between efficient administration of justice and the rights of the accused. Angola is no exception: without a legislative framework expressly enshrining a pre-trial criminal law system, it is necessary to question whether the Criminal Procedure Code admits or could admit negotiated criminal justice solutions.