THE PLEA BARGAINING IN THE FACE OF MODERN PENAL RATIONALITY AND POST-PENAL JUSTICE

Abstract

The aim of the research is, by confronting the theoretical critiques of post-penal justice (Clécio Lemos) and modern penal rationality (Alvaro Pires), to demonstrate that Non-Prosecution Agreements (NPAs) can be an opportunity to implement restorative practices. The research follows the deductive method, with a qualitative approach of bibliographical review and exploratory objectives. In order to approach the subject, the theoretical framework of post-penal justice and modern penal rationality will first be demonstrated. This will be followed by a discussion of negotiated criminal justice, a scenario in which the Non-Prosecution Agreement is inserted. Finally, the theory of post-penal justice will be confronted with the legislative innovations brought in by article 28-A of the Code of Criminal Procedure. This comparison will make it possible to assess the legislative flaws in the treatment given to victims and what can be improved based on the theoretical framework under analysis. The conclusion is that the provision needs to improve the spaces for mediation and consensus, seeking to shorten the distance between the victim and the defendant in criminal proceedings in order to achieve justice.