A prova no processo penal frente a estratégias da política jurídica: uma abordagem crítica / The proof in criminal proceedings against the strategies of Legal Policy: a critical approach.

AUTOR(ES)
DATA DE PUBLICAÇÃO

2010

RESUMO

This dissertation has as object to analyze aspects of the Brazilian Code of criminal procedure and its correlation with the Beddings of the Legal Politics, in face of the consecrated accusatory system in the Constitution of the Federative Republic of Brazil of 1988 and further sources of basic rights. Throughout the work it was identified that the process of accusatory model seems not to be of pure nature, making possible the Judge, in a rule way, enunciated the instrutory initiative to the light of the Legal Politics according to doctrine displayed for Melo11. The criminal proceeding would not be purely accusatory, but a mixing, the judge should conduct, leading the same, conduct its behavior in the objective criteria of justice as Aristotle and as true agent of social transformation, exerting its duty as Politician of the right praised for Melo. The work intends to trace the profile of a new Criminal Magistracy, pointing objective criteria of justice (and if this it can be carried through the criminal proceeding), tracing rules of harmonized an accusatory and inquisitorial system with the basic rights, guaranteeing it the male defendant right and to the process its effectiveness. The process that tends to the accomplishment of material justice is not of parts, but of intervening. With effect, one of the great questionings of the current procedural doctrine is to need the limits acting exofficio of the judge, ahead of the necessity of observance of the contradictory in its substantial facet.

ASSUNTO(S)

prova principles constitutional criminal procedure judge legal policy processo penal processo penal law jurisdiction lei juiz legal principle jurisdição política jurídica partes princípio jurídico parties princípios constitucionais direito evidence

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