Amid the contemporary scenario of intense questioning regarding widespread judicial delay, numerous proposals seek to transform criminal procedure into an effective tool for the enforcement of State punitive power, essentially through the relativisation of fundamental rights and guarantees that underpin the aim of protecting public freedoms. One of the main concepts put forward in this regard concerns the ideas of procedural acceleration and simplification, which aim to shorten the path necessary for the imposition of a punitive sanction, the foremost example of which being negotiated justice, essentially characterised by the mechanism of bargaining. This phenomenon reflects a contemporary trend towards State recognition of the need for the accused’s cooperation with the criminal prosecution, through their admission of guilt and/or the incrimination of third parties, aiming to facilitate accusatory activity by removing the imperative of full proof of incriminating facts—based on lawfully produced evidence by the public prosecutor—and to nullify the defensive stance of resistance to the indictment.

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Introduction

  • Vinicius Gomes de Vasconcellos

摘要

Amid the contemporary scenario of intense questioning regarding widespread judicial delay, numerous proposals seek to transform criminal procedure into an effective tool for the enforcement of State punitive power, essentially through the relativisation of fundamental rights and guarantees that underpin the aim of protecting public freedoms. One of the main concepts put forward in this regard concerns the ideas of procedural acceleration and simplification, which aim to shorten the path necessary for the imposition of a punitive sanction, the foremost example of which being negotiated justice, essentially characterised by the mechanism of bargaining. This phenomenon reflects a contemporary trend towards State recognition of the need for the accused’s cooperation with the criminal prosecution, through their admission of guilt and/or the incrimination of third parties, aiming to facilitate accusatory activity by removing the imperative of full proof of incriminating facts—based on lawfully produced evidence by the public prosecutor—and to nullify the defensive stance of resistance to the indictment.