The EVOLUTION OF PLEA BARGAINING IN THE UNITED STATES OF AMERICA

Adjudication of Justice and Prosecutorial Pragmatism

Abstract

The adoption of plea bargaining is not yet fully developed in Brazil. This article sought to analyze the historical evolution of the institute in the United States to demonstrate the factors that drove its adoption. The focus is analysis in the 19th century, a time when the institute was making a statement, consolidating itself at the beginning of the 20th century as an indispensable practice, even though it was not the subject of academic studies during its period of consolidation. The resistance that the institute faced throughout its consolidation constitutes a factor that can be used to understand the development of criminal agreements in Brazil.