Justiça penal consensual e as garantias constitucionais no sistema criminal do Brasil e dos EUA

Abstract

This paper presents a comparison between the criminal systems of Brazil and the USA. Initially it examines the U.S. system, which is based on popular participation in the administration of justice and the consensual truth. The author demonstrates that the principle of due process of law evaluated from judicial interpretations of the U.S. Supreme Court, which eventually developed the substantive due process of law, a self-applied hermeneutic principle that has allowed about 95% of crimes have the penalties negotiated between prosecution and defense. This negotiation makes the system faster and more democratic, offering the possibility of the defendant to participate in the process of implementing the sentence. Finally, the author criticizes the Act 9099/95. It only allows the bargain for punishment crimes until two years.