ON THE LEGAL TREATMENT OF THE VICTIM IN CRIMINAL PROCEDURE: A COMPARATIVE ANALYSIS BETWEEN BRAZILIAN AND AMERICAN LAW
DOI:
https://doi.org/10.5902/1981369440933Keywords:
Comparative law, Victim, Criminal procedure, Criminal negotiation.Abstract
The aim is to make a panoramic comparison between the rights and the role of the victim in the Brazilian and American criminal proceedings. The methodology is based on literature review and the comparison between the legal and jurisprudential frameworks. The article is divided into three parts: the understanding of the normative frameworks in each country; the forms of intervention of the victim in the criminal process and the rights guaranteed to the victim and the legal remedies to ensure them. We conclude that US law is more open to the direct participation of the victim in the process, providing for impact statements, the right to conference with the prosecutor and the right of consultation in the context of plea bargaining; but with regard to indirect procedural intervention, Brazilian law offers the victim more powerful chances. Both, however, are immersed in a punitive rationality and should be differentiated from the alternative, more hopeful, of restorative justice practices.
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Este obra está licenciado com uma Licença Creative Commons Atribuição-NãoComercial-SemDerivações 4.0 Internacional.