Non-prosecution agreement and the paradigm of prevention in the fight against corruption and economic macrocriminality in Brazil: new alternatives to the traditional punitive model
This article intends to analyze the recent legislative changes that have occurred in Brazil, especially the establishment of consensual forms of dispute resolution and their impacts in the fight against corruption and economic macro-criminality. Using the idea of technical prevention as proposed by...
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| Format: | Article |
| Language: | English |
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Instituto Brasileiro de Direito Processual Penal
2020-10-01
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| Series: | Revista Brasileira de Direito Processual Penal |
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| Online Access: | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/374 |
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| author | Soraia da Rosa Mendes Augusto César Borges Souza |
| author_facet | Soraia da Rosa Mendes Augusto César Borges Souza |
| author_sort | Soraia da Rosa Mendes |
| collection | DOAJ |
| description | This article intends to analyze the recent legislative changes that have occurred in Brazil, especially the establishment of consensual forms of dispute resolution and their impacts in the fight against corruption and economic macro-criminality. Using the idea of technical prevention as proposed by Winfried Hassemer as a theoretical framework, it is intended to assess whether negotiated criminal justice represents an effective alternative to the dominant punitivist paradigm, with greater ability to reduce impunity and increase crime prevention indexes related to offenses against Public Administration and the economic order. Initially, some criminological aspects of corruption and macroeconomic criminality will be addressed, as well as political-criminal factors, which place the ideal of prevention as the central vector of the contemporary criminal justice system. Then, the insufficiency of the traditional model of Brazilian criminal prosecution, based on litigation, and its inefficiency in dealing with cases related to economic macro-crime and corruption will be analyzed. Finally, the main aspects related to the implementation of new consensual forms of dispute resolution in the criminal field, the political-criminal prognoses in the treatment of corruption and organized crime and their impacts on the performance of prosecution and judicial branch. |
| format | Article |
| id | doaj-art-93d8c49e33414c29b4ea6aae6d196ac1 |
| institution | Kabale University |
| issn | 2525-510X |
| language | English |
| publishDate | 2020-10-01 |
| publisher | Instituto Brasileiro de Direito Processual Penal |
| record_format | Article |
| series | Revista Brasileira de Direito Processual Penal |
| spelling | doaj-art-93d8c49e33414c29b4ea6aae6d196ac12025-08-20T03:34:52ZengInstituto Brasileiro de Direito Processual PenalRevista Brasileira de Direito Processual Penal2525-510X2020-10-01631175120810.22197/rbdpp.v6i3.374196Non-prosecution agreement and the paradigm of prevention in the fight against corruption and economic macrocriminality in Brazil: new alternatives to the traditional punitive modelSoraia da Rosa Mendes0Augusto César Borges Souza1Centro Unificado de Brasília (UniCEUB), Brasília/DF, Brasil.Universidade Federal de Goiás, Goiânia/GO, BrasilThis article intends to analyze the recent legislative changes that have occurred in Brazil, especially the establishment of consensual forms of dispute resolution and their impacts in the fight against corruption and economic macro-criminality. Using the idea of technical prevention as proposed by Winfried Hassemer as a theoretical framework, it is intended to assess whether negotiated criminal justice represents an effective alternative to the dominant punitivist paradigm, with greater ability to reduce impunity and increase crime prevention indexes related to offenses against Public Administration and the economic order. Initially, some criminological aspects of corruption and macroeconomic criminality will be addressed, as well as political-criminal factors, which place the ideal of prevention as the central vector of the contemporary criminal justice system. Then, the insufficiency of the traditional model of Brazilian criminal prosecution, based on litigation, and its inefficiency in dealing with cases related to economic macro-crime and corruption will be analyzed. Finally, the main aspects related to the implementation of new consensual forms of dispute resolution in the criminal field, the political-criminal prognoses in the treatment of corruption and organized crime and their impacts on the performance of prosecution and judicial branch.http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/374corrupçãomacrocriminalidadejustiça penal negociadaprevenção técnica. |
| spellingShingle | Soraia da Rosa Mendes Augusto César Borges Souza Non-prosecution agreement and the paradigm of prevention in the fight against corruption and economic macrocriminality in Brazil: new alternatives to the traditional punitive model Revista Brasileira de Direito Processual Penal corrupção macrocriminalidade justiça penal negociada prevenção técnica. |
| title | Non-prosecution agreement and the paradigm of prevention in the fight against corruption and economic macrocriminality in Brazil: new alternatives to the traditional punitive model |
| title_full | Non-prosecution agreement and the paradigm of prevention in the fight against corruption and economic macrocriminality in Brazil: new alternatives to the traditional punitive model |
| title_fullStr | Non-prosecution agreement and the paradigm of prevention in the fight against corruption and economic macrocriminality in Brazil: new alternatives to the traditional punitive model |
| title_full_unstemmed | Non-prosecution agreement and the paradigm of prevention in the fight against corruption and economic macrocriminality in Brazil: new alternatives to the traditional punitive model |
| title_short | Non-prosecution agreement and the paradigm of prevention in the fight against corruption and economic macrocriminality in Brazil: new alternatives to the traditional punitive model |
| title_sort | non prosecution agreement and the paradigm of prevention in the fight against corruption and economic macrocriminality in brazil new alternatives to the traditional punitive model |
| topic | corrupção macrocriminalidade justiça penal negociada prevenção técnica. |
| url | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/374 |
| work_keys_str_mv | AT soraiadarosamendes nonprosecutionagreementandtheparadigmofpreventioninthefightagainstcorruptionandeconomicmacrocriminalityinbrazilnewalternativestothetraditionalpunitivemodel AT augustocesarborgessouza nonprosecutionagreementandtheparadigmofpreventioninthefightagainstcorruptionandeconomicmacrocriminalityinbrazilnewalternativestothetraditionalpunitivemodel |