The regime of nullities in plea bargaining regarding the order of statements by the cooperating defendant and the accused

Abstract

In October 2019, the Supreme Court decided, by majority of votes, that the informant must manifest later and successively to the informed person, in compliance with the adversary system and the due process. The Supreme Court chose, however, to modulate the effects of this nullity decree regarding past proceedings that did not observe the referred procedure. In this context, based on the deductive and dialectical methods of research, one seeks to analyze the theory of nullities in criminal procedural law, in order to safeguard due criminal proceedings. It also analyzes the institute of plea agreement and the role played by the informer in the course of the procedural march. Finally, based on the conclusions obtained, one aims to analyze the (in) correctness of what was decided by the Supreme Court, proposing, then, a compatible solution with the constitutional values ??protected by the nullity system.