Sistemas Processuais Penais: Análise Crítica Do Seu Atual Funcionamento No Direito Brasileiro

Abstract

Criminal procedural systems constitute a set of constitutional and procedural rules and principles that establish guidelines to be followed for the application of criminal law. In this sense, it is important to understand which procedural system is adopted in the Brazilian legal system, whether inquisitorial, accusatory or mixed. The specific objective of this monograph is to present the controversies between the Federal Constitution, which in criminal procedural matters covered the accusatory system, and the Code of Criminal Procedure – CPP, which still contains inquisitorial articles. Law 13,964/2019 will also be analyzed, which directly influenced criminal procedural systems and determined that in the CPP the system adopted is the adversarial one. It is concluded from this study that, despite the constitutional norms and principles indicating the adoption of an accusatory system that was covered by Law 13,964/19. The duality of systems is still an effective problem in Brazilian criminal legislation, which brings legal uncertainty when penalizing and prosecuting crimes. Even with the constitutional and criminal procedural recognition of the accusatory system, its application will take time to become fully effective, and a total review of the provisions of the CPP must be considered, as it was influenced by fascist Italian law (Rocco Project), to comply with the procedural rules of the current adversarial system.