Breach of the criminal transaction and its eff ects
DOI:
https://doi.org/10.51473/rcmos.v2i1.321Keywords:
SPECIAL CRIMINAL COURTS, JECRIM CRIMINAL TRANSACTION, BREACH OF THE CRIMINAL TRANSACTIONAbstract
This article analyzed the eff ects arising from the decriminalizing institute of the criminal transaction, bringing the idea that the Special Criminal Courts have great relevance to society. To achieve this objective, an analysis was carried out on the legal and social relevance of the Special Criminal Courts for the resolution of demands arising from the criminal fi eld, presenting their guiding principles and discussing their competence. In addition, the criminal transaction institute was presented, bringing its concept, its applicability and its impact on the demands of the Special Criminal Court. Furthermore, it was studied about the consequences arising from non-compliance with the criminal transaction and about the possibility of converting the restrictive penalty of rights into deprivation of liberty, as well as about the execution of the fi ne and the off ering of the complaint from the resumption of the procedure. As for the methodological options, the Literary Review was used, with works by scholars, legislation, journals and scientifi c articles published on the central subject, carrying out a reading and written interpretation, conserving its context and referencing it. The research results showed that there is great debate about the consequences of non-compliance with the criminal transaction, but the Federal Supreme Court made it clear that, if the agent fails to comply with the sentence imposed on him at the time of the transaction, the benefi t will be revoked and the process, which was interrupted before, will continue normally, returning to the same state in which it was previously.