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Artigos

V. 14 N. 36 Set./Dez. 2021

THE USE OF FAST-TRACKING IN THE CRIMINALIZATION PROCESS: AN ANALYSIS OF THE BILLS THAT INCLUDED NEW CRIMES IN THE BRAZILIAN PENAL CODE BETWEEN 2010 AND 2019

DOI
https://doi.org/10.51206/elegis.v14i36.685
Submitted
March 18, 2021
Published
2021-11-03

Abstract

Dealing with the fast-tracking in the Brazilian legislative process, the paper seeks to interpret it and identify the effects of the procedure beyond the regulatory provision. In this sense, the research aims to discuss the use of fast-tracking in the processing of bills that added a new crime to the Penal Code between 2010 and 2019. If it was intended to raise quantitatively the bills that went under fast-tracking procedure; in affirmative cases, analyze whether the requirements for this were justified and the ground basis. Finally, proposals for improvement were suggested. In addition to the bibliographic review, consultations were made to the House and Senate websites, as well as the documentary analysis of the bills. It was possible to notice the absence of robust justifications for requesting and maintaining fast-tracking, demonstrating, among other things, the not so rigorous application of the procedure in congress practice. Thus, there is an urgent need for academics to improve the procedure, especially in the criminal area.