The Principle of Opportunity as an Instrument to Address Inefficiency in the Brazilian Justice System

Abstract

This article examines the principles of legality, mandatory prosecution, and opportunity within the current configuration of the punitive system. It explores the possibility of adopting alternative criminal policy approaches, analyzing the relationship between justice as an objective and expediency as a limiting factor in achieving it.

The issue is particularly relevant in light of the overload of Brazilian courts and the problem of mass incarceration. Within the international legal community, there is an observable trend toward adopting the principle of opportunity in the exercise of criminal prosecution, given the evident impossibility of requiring prosecutorial authorities to effectively investigate and prosecute every criminal offense under a strictly mandatory system.

Improving the punitive system has become a clear necessity, which highlights the importance of the principle of opportunity as a tool to address inefficiencies in the administration of justice. To this end, the study employs a detailed documentary analysis and a focused bibliographic review.

Finally, the article underscores the need for reform to enable more consistent decision-making, reduce arbitrariness, and ensure continued adherence to the principle of legality.