The problem of the content of the recognition of the testimony of the informers towards the concept of just cause for the regular exercise of the criminal action

Revista Brasileira de Direito Processual Penal. 2017;3(1):225-251 DOI 10.22197/rbdpp.v3i1.41

 

Journal Homepage

Journal Title: Revista Brasileira de Direito Processual Penal

ISSN: 2525-510X (Online)

Publisher: Instituto Brasileiro de Direito Processual Penal

Society/Institution: Instituto Brasileiro de Direito Processual Penal

LCC Subject Category: Law

Country of publisher: Brazil

Language of fulltext: Spanish; Castilian, Portuguese, Italian

Full-text formats available: PDF

 

AUTHORS

Walter Barbosa Bittar (PUCPR - Curitiba/PR)

EDITORIAL INFORMATION

Double blind peer review

Editorial Board

Instructions for authors

Time From Submission to Publication: 12 weeks

 

Abstract | Full Text

This article analyzes the conceptual problems regarding the legal nature of the plea bargaining and the just cause, seeking to establish limits regarding the recognition of the content of the version presented by the informers, with greater attention to the probative value, as seen in the Brazilian legal system, seeking if it is possible to include the content of what can be understood as accepted just cause, or not, as a legitimate requirement for the criminal action procedure. To fulfill this objective, we sought to establish existence and validity requirements for the beginning of a valid criminal prosecution procedure, highlighting the criminal political aspects that end up influencing in the conclusion of the inherent contours of the object of the analysis of the present study.