Análise da constitucionalidade da delação premiada em face do princípio do devido processo legal

Abstract

The present study aim in the plea bargaining that will be anylyzed through the concept presentation, history, of its differentiation in relation to others penal instruments and the comparative analysis of the institute in other countries. That way, by the bibliographical research methodology, its apprize the legal rules about the matter, noting the relative points to possible offenses to the Brazilian Constitution. In this harvest, it seeks to check the compatibility of the plea bargain with it constitutional dictates. Therefore, its studied the principle of the due legal process, since its concept until its unfolding that rule the penal process, such as the full defense and the contradictory. At last, its compare the legal aspects of the plea bargaining with the commandments of due process of law, focusing on the full defense and in the contradictory, in the principle of publicity and the right to silence. From this evaluation, it is concluded that the plea bargain is constitutional in the light due process of law, but has its criticism regarding the application of this instrument by the Brazilian Justice nowadays. It is proposed at the end, practical solutions in order to strengthen the full validity and constitutionality of plea bargaining in the context of the criminal prosecution.