Teoria constitucional do direito processual penal: limitaÃÃs fundamentais ao exercÃcio do direito de punir no sistema jurÃdico brasileiro

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

Criminal proceedings arose as a skilled instrument to restrict the exercise of the Stateâs punishment rights and duties, what coincided, not by chance, with the Age of Enlightenment, whose major concern was to limit the power of the State. Therefore, the Declarations of Human Rights, just as they were constitutionalized by the first constitutional movement, are still guarantees which have high incidence within criminal ambit. They establish rules which signal to the respect of the rights regarding human dignity while criminal persecution is being held, what makes evident that this ramification of Law has no intention of equipping the State to confront criminality, yet it appeared to be an apt and necessary instrument to humanize its performance. Although this trait has been depreciated after World War II because of the neoconstitutionalism (or Constitutional State or Democratic-Constitutional State), it was redeemed. In Brazil, this new paradigm arose with the promulgation of 1988 Constitution, which modeled the fundamental rights with normative force and as rules with superior hierarchy than the infraconstitutional legislation; that proceeded when the rightâs category started to fulfill an uniform function in our system â not only as a link to legal omissions, like before - a circumstance which provides a pretext to the claim that it is more appropriate to talk about Constitutional Theory of Criminal proceedings than Criminal Proceeding Theory, properly speaking

ASSUNTO(S)

puniÃÃo teoria constitucional do processo penal forÃa normativa neo-constitutionalism the human rights criminal proceedingâs history ilumismo direitos e garantias individuais direito neoconstitucionalismo personal rights and warranties teoria constitutional theory of criminal proceedings direitos humanos age of enlightenment punishment normative force processo penalâhistÃria

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