JECRIM - Aula Animada - Juizado Especial Criminal - Lei 9.099/95

Summary

This video provides an in-depth overview of the Brazilian Special Criminal Court (Jecrim), established by Law 9.099/95. It covers the handling of minor offenses, including those with penalties of up to two years, and emphasizes the informal, speedy, and simplified procedures of Jecrim. The script discusses phases such as preliminary conciliation, the possibility of civil damage settlement, and penalty transactions. It also explores key concepts like conditional suspension of processes, and highlights the role of the victim and the public prosecutor in these processes. The video also touches on exceptions, such as the application of the Maria da Penha Law for domestic violence cases.

Takeaways

• 😀 JECRIM (Juizado Especial Criminal) handles minor offenses, as outlined in Article 60 of Law 9.099/95, with a maximum penalty of two years or fines.
• 😀 Minor offenses include crimes such as light and negligent bodily injury, which are considered of lesser offense potential.
• 😀 JECRIM excludes certain cases from its jurisdiction, such as military justice offenses and crimes involving domestic violence under the Maria da Penha Law.
• 😀 Three main principles guide JECRIM proceedings: economy, informality, and speed, with the goal of repairing victim damages without resorting to imprisonment.
• 😀 The preliminary stage in JECRIM aims to avoid the start of a criminal trial, often resolving disputes before they turn into formal legal cases.
• 😀 The investigation phase includes the creation of a Term of Occurrence (TCU), replacing the usual police investigation and expediting the process.
• 😀 The preliminary hearing seeks a conciliation agreement between the victim and the offender, which can lead to a civil settlement or immediate non-custodial penalties.
• 😀 If no agreement is reached during the preliminary hearing, the case may proceed with a formal trial, but the prosecutor must still offer a solution, including penalty proposals.
• 😀 Transação Penal (penal transaction) allows offenders to avoid trial by agreeing to non-custodial penalties such as fines or restrictions, with no criminal record.
• 😀 If an offender accepts the proposal for Transação Penal, the judge evaluates it, and if the conditions are met, the punishment is applied without affecting criminal records or future convictions.

Q & A

What is the Juizado Especial Criminal (JECRIM)?

The Juizado Especial Criminal (JECRIM) is a specialized court system in Brazil established by Law 9.099/95. It handles criminal cases involving minor offenses, also known as infractions with lesser potential harm. It focuses on conciliation, judgment, and execution of such offenses.

What types of offenses are covered under the jurisdiction of JECRIM?

JECRIM covers infractions classified as minor offenses, such as crimes with a maximum penalty of up to two years, including fines. Examples include minor bodily injury and offenses related to negligence or carelessness.

What are some important principles that guide the JECRIM process?

The key principles of JECRIM include economy of the process, informality, speed (celerity), oral procedures, and simplicity. These principles aim to facilitate quicker and simpler resolutions, with an emphasis on repairing damage to the victim and avoiding unnecessary imprisonment.

Are there any exceptions to the application of Law 9.099/95 in JECRIM?

Yes, exceptions include cases involving military justice and crimes of domestic violence against women, which are not handled by JECRIM. The Maria da Penha Law also excludes domestic violence cases from being processed under JECRIM.

What is the role of the police in the JECRIM process?

When an infraction is reported, the police can issue a Term of Occurrence (Termo Circunstanciado - TC) which serves as a summary of the incident. This document is forwarded to JECRIM to initiate the process, without the need for a full investigation, unless the case requires further investigation.

How does the conciliation phase work in the JECRIM process?

The conciliation phase takes place before formal proceedings begin. The goal is to resolve the issue without initiating a criminal process. If both the victim and the offender reach an agreement, it is formalized and may be executed as a civil agreement, avoiding a criminal trial.

What is the difference between a civil settlement and a criminal sentence in JECRIM?

A civil settlement in JECRIM, such as compensation for damages, does not involve a criminal penalty. Once an agreement is reached and approved by the judge, it is executed as a civil action, allowing the victim to claim the agreed compensation. A criminal sentence, however, may involve penalties like fines or restrictions on rights but does not include imprisonment for minor offenses.

What happens if a defendant rejects the proposed penal transaction?

If the defendant rejects the proposed penal transaction (such as agreeing to a fine or restriction of rights), the case will proceed to the next stage, which involves formal criminal proceedings, including investigation, trial, and potential sentencing.

What is a 'transação penal' and how does it affect the defendant?

A 'transação penal' is a legal agreement where the defendant agrees to fulfill certain conditions, such as paying a fine or performing community service, in exchange for the avoidance of a criminal trial. This does not count as a criminal conviction, does not result in criminal records, and does not affect the defendant's future legal standing unless they fail to comply with the agreement.

What is the suspension of the criminal process and how does it work?

The suspension of the criminal process is a benefit where the prosecution can offer the defendant a delay in the proceedings, allowing them to meet certain conditions over a period of two to four years. If the conditions are met, the case may be dismissed, but failure to comply can result in the reinstatement of the criminal process.