The rewarded delation as a ple bargaining trojan horse: a summary analysis of the inherent risks to the law transplant

Abstract

The present study outlines the dichotomy between the adversarial system and the Romano-Germanic model, denouncing that the recent practice of importing instruments from a given legal tradition may have unforeseeable consequences. A partir de vasta pesquisa bibliográfica e com esteio no método dedutivo, a proposta pretende se valer da tradução do instituto da plea bargaining para o Brasil, for the purpose of unveiling the corruption of the meaning of the mechanism, which in the national territory has not assumed an epistemic purpose as expected. Thus, the accomplishment of the present work is important in demonstrating the transfiguration of the plea bargaining in a new model of criminal justice, which goes beyond the constitutional limits of legal adequacy.