Juizado especial criminal: análise prática dos motivos de sua criação e do cumprimento dos critérios estabelecidos pela lei nº 9.099/95 no âmbito do 2º juizado especial

Abstract

The Special Criminal Courts were instituted by Law No. 9.099 / 95, following the advent of the Constitution of the Federative Republic of Brazil, which, by means of a programmatic norm, determined the creation of such Courts, in the provisions set forth in Article 98, I. an autocratic period and military dictatorship, there was the perspective of the change of thought in society. This was made possible by greater access to justice, through the Special Courts, created to unravel procedures that dealt with the Common Criminal Courts, in the face of the crisis of the penal and prison system, as well as in the search of the victim's rescue to the process. Judged by the criteria of orality, simplicity, informality, procedural economy and speed, the Special Criminal Courts have emerged as a novelty in the country, because they have decriminalizing institutes such as the criminal transaction and the conditional suspension of the process, which are alternatives to condemnation and execution of the individual's pen. For this study, Hegelian dialectical methodology was adopted, in the search of the best way of investigating the subject in question. This article aims to analyze the justifications that resulted in the creation of the Special Criminal Courts and if the criteria set forth in Law No. 9.099 / 95 are being duly complied with, in practice, in the 2nd Special Criminal Court of Vila Velha / ES.