PENAL TRANSACTION IN PRIVATE CRIMES Mauricio Fernando Rollenberg de Faro Melo, André Luiz Gomes Costa Caldeira de Lima

Abstract

This article addresses the issue of plea bargaining in private prosecution crimes. The objective is to discuss the issue that has been addressed in some decisions in the Superior Courts. The plea bargain institute, in addition to being considered a way of reducing bureaucracy in criminal proceedings, is based on Law 9.099/95, which includes as decriminalizing measures civil composition, conditional suspension of proceedings and plea bargaining for minor crimes of lesser offensive potential or misdemeanors, a consensual and less serious form granted to the beneficiary of the institute so that he/she does not commit the same crime again. Plea bargaining in private prosecution crimes is increasingly expanding before society in crimes of lesser offensive potential and even in misdemeanors; it is not fair that the accused faces an arduous criminal process to a conviction. Therefore, given the possibility of this agreement being made through the offended party and supervised by the public prosecutor in the face of private initiative crimes, equating article 76 of law 9.099/95 by analogy, a way that allows the accused to commit to complying with some demands, such as reparation for damage, why not use and provide the offender with this opportunity, highlighting that in case of non-compliance with the agreement, the offended party would have the right to file a criminal action, returning the process to its initial course.