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Plea bargain can be translated as awarded betrayal. This is because it has always been stigmatized. Despite the criticisms of ethical nature, plea bargain is an important instrument of investigation and has been used in countries where the State ruled by law is effective.

With the increase of the crimes, especially the organized, plea bargain is a valuable mean of proof, providing revelations that only a member of the organization could do and, therefore, benefiting proceedings and sentences of dangerous criminal.

Nevertheless, it should be emphasized that informer´s word should not be considered as absolute truth. To the contrary, plea bargain must be confirmed by other evidences throughout the proceeding, submitted to adversarial testing.

Plea bargain has been used more and more frequently, but the results so far are only reasonable. This is because the order needs rules that regulated the form how plea bargain should be negotiated, formalized and investigated.

For example, there is nothing preventing the judge to participate of negotiations. Judge should be impartial, being entitled to analyze if the content of the plea bargain can support an order of guilty and the level of benefit should be deserved by informer.

SECRET

Likewise, it was not established the moment in which the plea bargain should appear in the case records, or if the content should be completely exposed. Even when plea bargain ceased to be confidential, our authorities insist on conceal the entire deposition, under the argument that informer should not be exposed.

Well, if plea bargain can free a criminal from prison, it is needed that his/her words are challenged, especially to ensure that they are true.
Should exist risk to his/her physical integrity, State in charge of taking measures to prevent any aggression, however, without restricting important discussion on a subject that may give rise to serious consequences to the parties involved.

News

Plea bargain can be translated as awarded betrayal. This is because it has always been stigmatized. Despite the criticisms of ethical nature, plea bargain is an important instrument of investigation and has been used in countries where the State ruled by law is effective.

With the increase of the crimes, especially the organized, plea bargain is a valuable mean of proof, providing revelations that only a member of the organization could do and, therefore, benefiting proceedings and sentences of dangerous criminal.

Nevertheless, it should be emphasized that informer´s word should not be considered as absolute truth. To the contrary, plea bargain must be confirmed by other evidences throughout the proceeding, submitted to adversarial testing.

Plea bargain has been used more and more frequently, but the results so far are only reasonable. This is because the order needs rules that regulated the form how plea bargain should be negotiated, formalized and investigated.

For example, there is nothing preventing the judge to participate of negotiations. Judge should be impartial, being entitled to analyze if the content of the plea bargain can support an order of guilty and the level of benefit should be deserved by informer.

SECRET

Likewise, it was not established the moment in which the plea bargain should appear in the case records, or if the content should be completely exposed. Even when plea bargain ceased to be confidential, our authorities insist on conceal the entire deposition, under the argument that informer should not be exposed.

Well, if plea bargain can free a criminal from prison, it is needed that his/her words are challenged, especially to ensure that they are true.
Should exist risk to his/her physical integrity, State in charge of taking measures to prevent any aggression, however, without restricting important discussion on a subject that may give rise to serious consequences to the parties involved.

Avenida Brigadeiro Faria Lima, 3144 - 5º andar
Itaim Bibi - São Paulo - SP
CEP 01451-000
+55 (11) 3262 0101

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Imprensa: vilardiadvogados@gbr.com.br | 11 3047-2400

Avenida Brigadeiro Faria Lima, 3144 - 5º andar
Itaim Bibi - São Paulo - SP
CEP 01451-000
+55 (11) 3262 0101

  1.  
  1. Contact
  2. I authorize the collection and archiving of my personal data
    Este campo é obrigatório.
  3. The submission will only be made if you authorize the archiving of your data.
  4. Name
    Este campo é obrigatório.
  5. E-mail
    Este campo é obrigatório.
  6. Phone
    Este campo é obrigatório.
  7. How did you find the office?
    Entrada Inválida
  8. Subject
    Este campo é obrigatório.

Imprensa: vilardiadvogados@gbr.com.br | 11 3047-2400