Análise dos principais atos postulatórios e decisórios da ADPF 444

• Autor(a) principal: Vargas, Jorge da Silva Telles
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5822
• topic: Interrogatório; Condução coercitiva; Presunção de inocência

The present work has the scope to make feasible a material analysis of the main postulatory and decision-making acts of the ADPF 444. In order to do this, as well as the depth level, the work adopts the exploratory method, regarding the approach adopted the qualitative technique and the procedure of data collection, the documentary and bibliographic method was used. The results of the present study were obtained by analyzing the arguments used in the postulatory and decision - making acts of greater relevance to the demarcation of the cause. In this regard, the grounds of the initial petition formulated by the Federal Council of the Brazilian Bar Association, as well as the arguments of the later manifestations and contrary to the initial plea, were presented by the Federal Attorney General's Office and Attorney General's Office, respectively. Finally, the voting votes of the ADPF 444 judgment, given by Ministers Gilmar Mendes and Edson Fachin, were analyzed. Thus, it was established that the decision of the Federal Supreme Court was favorable to the initial litigation by a majority of the votes, so as to declare the non-acceptance of article 260 of the Code of Criminal Procedure by the Federal Constitution of 1988, against inherent fundamental precepts and guarantees investigated or accused.