A verificação das finalidades preventivas da pena no acordo de colaboração premiada à luz da teoria dialética unificadora

Authors

  • Carla Ripoli Bedone

Keywords:

Theories of punishment - legal interest - functionalism – plea-bargaining system.

Abstract

Claus Roxin's unifying dialectical theory starts from the premise that the penalty must produce political-criminal results that are correct in the penal system, by defining its purposes and limits. When analyzing the theories developed, the author understands that only preventive ones can explain and delimit the purposes of the penalty, when applied in processes of varied incidence and preponderance in the stages of implementation of criminal law. From this, it is studied, firstly, in the light of rational teleological functionalism, the legal nature of the plea-bargaining agreement provided for in Law nº 12.850/2013. In order to achieve political-criminal ends, the plea-bargaining must be understood as a hybrid, contemplating material and procedural aspects. In this context, it is analyzed whether it meets the purposes and limitations of the penalty in the light of the unifying dialectical theory. The conclusion is that, in addition to not serving, collaboration reverses the logic of prevention, as well as compromises the guarantees of the criminal process, and, for these reasons, it does not meet the criminal political ends, both of the sentence and of the criminal process.

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Published

2022-04-12

How to Cite

Ripoli Bedone, C. . (2022). A verificação das finalidades preventivas da pena no acordo de colaboração premiada à luz da teoria dialética unificadora. Revista Científica Do CPJM, 1(03), 113–138. Retrieved from https://rcpjm.emnuvens.com.br/revista/article/view/63