The plea bargain

parallels in brazilian, italian and north-american law

Abstract

The relevance of this scientific article is evident in Brazil in these days when the plea bargains have been part of the so-called “Car Wash Operation”. But cases such as those involving politicians, political parties and entrepreneurs will not be specific objects of this work, which has no discourse about specific Brazilian operations, Italian or North-American. Therefore, the aim of this work is, in fact, compare, from an overview, the plea bargain in these three countries. Technically speaking, this paper of comparative law lists the similarities and differences between the plea bargain practiced in Brazil, in Italy and in the United States. As a method, it adopts what thinks Catherine Valcke, who suggests seeking the set of rules and principles that serve a given function rather than labels of legal institutes. Therefore, this research focuses on the rules and principles governing more effective criminal favorable to the one who offers useful information to dismantling of criminal groups. Thus, avoid possible negligence due to ignorance of nomen various jurisdictions, scattered in alien orders. As a general result, it was noted that criminal procedure in Italy, as well as in the United States, is broader than in the Brazilian case.