Negotiated Crime Solutions in Portuguese Law: A nowadays reality in a far-away galaxy?

• Main Author: André Ferreira de Oliveira
• Format: Article
• Language: Spanish
• Published: Instituto Brasileiro de Direito Processual Penal 2017-03-01
• Series: Revista Brasileira de Direito Processual Penal
• Subjects: Justiça Penal negociada; Processo Penal português; Consenso.
• Online Access: http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/39

The ideas of procedural consensus and celerity increasingly shape the Criminal Procedural Law of Democratic countries. Negotiated criminal justice solutions have been multiplying in the last years, posing a multiplicity of challenges to the pure and traditional procedural doctrine, to the rights traditionally assured to the procedural actors, being important to question if the (even more) organized criminality and the transnational and technological methods of crime did not shift the center of the confrontation between the efficient administration of justice and the rights of the accused. The Portuguese Republic is no exception: without a legislative framework explicitly guarantying a way to benefit those who collaborate with Justice, one must first question if the Criminal Procedural Code allows or may allow criminal Justice negotiated solutions; we will analyze some foreseen legal solutions of consensualism, not forgeting the Portuguese doctrine and courts decisions.