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Criminal Justice and Constitutional Guarantees of Consensus of the Penal System in Brazil and the U.S.
Gordilho HJS1* and Williams K21Pace University Law School/EU, Universidade Federal da Bahia, Salvador, Bahia, Brazil
2University of Virgina Law School, South Texas College of Law, Houston, Texas/EU, USA
- *Corresponding Author:
- Gordilho HJS
Postdoctor Pace University Law School/
EU Professor at Universidade Federal
da Bahia in Salvador, Bahia, Brazil
Tel: +55 71 3283-7072
E-mail: heron@ufba.br
Received Date: October 14, 2015; Accepted Date: October 26, 2015; Published Date: October 31, 2015
Citation: Gordilho HJS, Williams K (2015) Criminal Justice and Constitutional Guarantees of Consensus of the Penal System in Brazil and the U.S. J Civil Legal Sci 4:158. doi:10.4172/2169-0170.1000158
Copyright: © 2015 Gordilho HJS. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
Abstract
This article is a comparative study between the criminal systems of Brazil and the US. Initially, examines the US system, which is founded on popular participation in the administration of justice and the consensual truth. The authors analyze the principles of due process and substantive due process of law from judicial interpretations of the US Supreme Court. This system has allowed the US 95% of criminal trails are resolved through negotiation between prosecution and defense, which makes the system faster, efficient and democratic, for allowing the accused to participate in the decision on the criminal sanction that will be reckoned. Finally, the author criticizes the Brazilian legislation, which from the 9099/95 Act introduced the consensual truth in the Brazilian criminal system to crimes punishable by up to two years in prison.
