A discricionariedade da pena na justica consensual criminal
This article integrates the dissertation developing to the Program of After Graduation in Law and Right, the University Gama Filho Rio de Janeiro and examines the application of the penalty in the criminal transaction hypotheses, from documents harvested along one of the Special Criminal Courts of the of the state of Baixada Fluminense one of Rio de Janeiro, confronting them with legal and doctrinal speech about conceptual references this institute and the constitucional principles of the legality and the priority of the penalty, questioning the validity of the Democratic State of law in the light of the effectiveness of these principles.