Awarded cooperation agreement, procedural paternalism and "chameleon judges": simplification and efficiency of procedure in the fight against corruption
Detecting a kind of procedural paternalism in the performance of judges, it is sought to demonstrate that the double judicial analysis of the awarded cooperation agreement, as provided for by Law 12.850/2013, is a point of destabilization of the Brazilian negotiated criminal justice system, contribu...
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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/393 |
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| author | Paulo Roberto Fonseca Barbosa |
| author_facet | Paulo Roberto Fonseca Barbosa |
| author_sort | Paulo Roberto Fonseca Barbosa |
| collection | DOAJ |
| description | Detecting a kind of procedural paternalism in the performance of judges, it is sought to demonstrate that the double judicial analysis of the awarded cooperation agreement, as provided for by Law 12.850/2013, is a point of destabilization of the Brazilian negotiated criminal justice system, contributing negatively to a series of procedural inconsistencies, notably for transgressing the constitutional principles of impartiality and the natural judge, being the genesis of procedural nullity. In this context, it is intended to answer the following problem: would the simplification of the procedure, involving the drafting of the awarded cooperation agreement, with the extinction of the double judicial analysis of the referenced agreement, contribute to enhancing the fight against corruption without affecting the fundamental guarantees of the accused? In response to the problem, we use the analysis of case law and legal theory on the subject, including a comparative study between similar foreign legal institutes. |
| format | Article |
| id | doaj-art-e2ae244fbbb8446f8b34db8f720b7a00 |
| 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-e2ae244fbbb8446f8b34db8f720b7a002025-08-20T03:39:27ZengInstituto Brasileiro de Direito Processual PenalRevista Brasileira de Direito Processual Penal2525-510X2020-10-01631301134410.22197/rbdpp.v6i3.393204Awarded cooperation agreement, procedural paternalism and "chameleon judges": simplification and efficiency of procedure in the fight against corruptionPaulo Roberto Fonseca Barbosa0Universidade de LisboaDetecting a kind of procedural paternalism in the performance of judges, it is sought to demonstrate that the double judicial analysis of the awarded cooperation agreement, as provided for by Law 12.850/2013, is a point of destabilization of the Brazilian negotiated criminal justice system, contributing negatively to a series of procedural inconsistencies, notably for transgressing the constitutional principles of impartiality and the natural judge, being the genesis of procedural nullity. In this context, it is intended to answer the following problem: would the simplification of the procedure, involving the drafting of the awarded cooperation agreement, with the extinction of the double judicial analysis of the referenced agreement, contribute to enhancing the fight against corruption without affecting the fundamental guarantees of the accused? In response to the problem, we use the analysis of case law and legal theory on the subject, including a comparative study between similar foreign legal institutes.http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/393justiça penal negociadapoder judiciáriopaternalismo processual penalcolaboração premiadadireito comparatístico. |
| spellingShingle | Paulo Roberto Fonseca Barbosa Awarded cooperation agreement, procedural paternalism and "chameleon judges": simplification and efficiency of procedure in the fight against corruption Revista Brasileira de Direito Processual Penal justiça penal negociada poder judiciário paternalismo processual penal colaboração premiada direito comparatístico. |
| title | Awarded cooperation agreement, procedural paternalism and "chameleon judges": simplification and efficiency of procedure in the fight against corruption |
| title_full | Awarded cooperation agreement, procedural paternalism and "chameleon judges": simplification and efficiency of procedure in the fight against corruption |
| title_fullStr | Awarded cooperation agreement, procedural paternalism and "chameleon judges": simplification and efficiency of procedure in the fight against corruption |
| title_full_unstemmed | Awarded cooperation agreement, procedural paternalism and "chameleon judges": simplification and efficiency of procedure in the fight against corruption |
| title_short | Awarded cooperation agreement, procedural paternalism and "chameleon judges": simplification and efficiency of procedure in the fight against corruption |
| title_sort | awarded cooperation agreement procedural paternalism and chameleon judges simplification and efficiency of procedure in the fight against corruption |
| topic | justiça penal negociada poder judiciário paternalismo processual penal colaboração premiada direito comparatístico. |
| url | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/393 |
| work_keys_str_mv | AT paulorobertofonsecabarbosa awardedcooperationagreementproceduralpaternalismandchameleonjudgessimplificationandefficiencyofprocedureinthefightagainstcorruption |