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DO PROCEDIMENTO SUMARÍSSIMO NO BRASIL: ANÁLISE DOS MECANISMOS DE CELERIDADE E CONSENSO PREVISTOS PELA LEI 9.099/95

Journal: Revista Acadêmica da Faculdade de Direito do Recife (Vol.90, No. 2)

Publication Date:

Authors : ;

Page : 49-71

Keywords : Juizados especiais criminais; Procedimento sumaríssimo; Transação penal; Suspensão condicional do processo; Acordo civil.;

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Abstract

It aims to analyze the mechanisms of celerity and consensus inserted in the legal system of Brazil by the Law 9.099/95, namely, the criminal agreement, the conditional suspension of the procedure and the civil agreement with the effect of waiver of the right of representation or criminal complaint. In addition to create Special Courts and establish a specific procedure to less serious crimes, this Law also sought to present gains related to the efficiency and celerity of the procedure, providing the possibility of solutions other than the imposition of a custodial sentence. However, the present system was very criticized in some points, showing the need of studying these institutes, especially in the field of the how they are applied, aiming to find out not only their adequacy with the Brazilian's Legal System, but also if they respect the fundamental guaranties of the parts evolved in the conflict.

Last modified: 2018-12-18 12:26:21