Plea Bargaining in Brazilian Law: A Legitimacy Analysis in Light of Ferrajoli’s Garantism and Integral Garantism

Abstract

This study aims to analyze plea bargaining within the Brazilian legal system. Initially, it examines the definition and limits of the institute, followed by a critical assessment of the inconsistent and often careless manner in which the legislature has addressed the matter on various occasions. Concluding the legislative analysis, the research explores prospective developments related to Bill No. 236/2012, which proposes a new Penal Code and also encompasses this subject. Finally, the study seeks to demonstrate that the controversy surrounding the regulation of plea bargaining is largely apparent. In fact, the tensions arising at the constitutional, ethical, and legal-philosophical levels may be resolved through an approach grounded in Integral Garantism.