O procedimento sumário previsto no projeto de Código de Processo Penal e sua (in)adequação como estratégia diferenciada de defesa.

Abstract

In a context of gradual insertion and enlargement of bargaining mechanisms in Brazilian criminal procedure, which is object of considerable doctrinal criticism, it is in course in the National Congress the bill project 8.045/2010 of the House of Representatives, that will replace the current Code of Criminal Procedure, which, among other innovations, brings, in its summary procedure, the possibility of a criminal agreement resulting in a custodial sentence. This work has the objective of verifying if the criminal agreement that is part of the summary procedure contained in the aforementioned bill project is adequate or inadequate as a differentiated defensive strategy as opposed to the criticism directed to the consensual criminal justice types, that regards bargain in criminal procedure as infringer of constitutional criminal and procedural guaranties. In order to achieve that objective, initially the characteristics of the consensual institutes already existent in the national laws will be analyzed, namely of the criminal agreement and the conditional procedure suspension of the bill 9.099/1995, as well as the awarded cooperation. Sequentially, the most relevant doctrinal criticism to the consensual criminal justice types will be demonstrated, and afterwards a thorough analysis of the summary procedure of the bill project will be made, to, in the end, through the dialectic confrontation of the characteristics and specificities of the legal novelty and the criticism demonstrated, conclude about the adequacy or inadequacy of the new figure as a differentiated defensive strategy, taking position, though with reservations, for the adequacy.