ALTAIR MOTA MACHADO JUIZADO ESPECIAL - Universidade ...

VII
ABSTRACT
More and more one can see incompatibility extant between the repressive law of the
State and reality of the criminality that hás been faced mainly accordining to the way
that the State must practice its “ ius puniendi”as weel the way of making the system
words searching for an efficient penal process and which at the same time allows the
penal procedural system to apply the constitucional warrant conquered through the
years. After the implantations of the law number 9.099/95 a new effort has emerged
hoping for a fast and efficient justice with a consensual structure always answering its
own principles. Such situacion celebrated with so much enthusiasm by the operators of
the law as being a procedural reenginereering brings some worries, mostly related to the
fair process evoking the questioning of several points of the law, and mainty the penal
dealings, wakening a discussion about the teory and the practice of such ordination
starting from the analysis of the consensual justice and the justice of strife, the
dispensability, the informing principles and its final distorting. In short, in the name of
efficacy in the process and the distorting that occurs practically, translating into only a
summarized justice private from the constitutional warranties and dominated by a
dealing order.
Key words: Consensual justice; Dispensability; Penalty; Process; Penal dealings;
Theory practice; Constitutional warranties.