O instituto da transação penal no direito brasileiro à luz da constituição federal de 1988 e da lei federal nº 9.099/95

Abstract

In the present work, by didactic interest and to adjust it the waited objectives of a monograph of course conclusion, the development of the study was divided in only three chapters, where the points that we judge to be most important for the understanding of the Criminal Transaction, without major digressions about aspects that do not keep direct relevancy with the focus of the subject. The first chapter deals with the essence of the Criminal Transaction, approaching the historical context of her appearance, the resembled foreign legal institutes that had served of inspiration to the Brazilian legislator, its conceptualization, the definition of its legal nature, the presentation of its main characteristics and its implementation in our legal order. Already as the second chapter approaches a question that, in certain way, seems surpassed in the legal world, she could not leave of being commented. It is the question of the vertical compatibility of the Criminal Transaction, that is, its constitutionality. Here, we summarize the points and basic counterpoints raised by the doctrine and take the freedom to make some inferences on the basis of the study material. Finally, in the third chapter, we weave some commentaries to the questions, of procedural repercussion, more recurrent when of the application of the institute in the day-by-day forensic, always searching, whenever possible, demonstrate what is the current positioning adopted by the Superior Court of Justice or the Supreme Federal Court.