INTERNATIONAL LEGAL COOPERATION IN CRIMINAL MATTERS IN THE INVESTIGATION OF ECONOMIC CRIMES: THE DANGERS OF THE INFORMAL DIRECT ASSISTANCE AND THE VIOLATION OF FUNDAMENTAL RIGHTS

• Autor(a) principal: Macedo de Miranda, Bartira
• Data de Publicação: 2024
• Outros Autores: da Silva Maia da Cunha, Bartira Alicia, Guerra de Medeiros , Pedro Paulo
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Esmat
• Texto Completo: http://esmat.tjto.jus.br/publicacoes/index.php/revista_esmat/article/view/667
• topic: Cooperação Jurídica Internacional em Matéria Penal; Auxílio Informal; Ampla Defesa; Paridade de Armas; Processo Penal Constitucional; International Legal Cooperation in Criminal Matters; Informal Assistance; Broad Defense; Parity of Weapons; Constitutional Criminal Procedure

International legal cooperation in criminal matters must be mediated by the Ministry of Justice and Public Security, which is the central authority responsible for processing requests to foreign authorities. Meanwhile, informal requests for international legal cooperation in criminal matters by the Brazilian authorities have been increasing, especially in the investigation of economic crimes, through the adoption of informal direct assistance practices, with non-compliance with official procedures, in violation of international treaties and without the intermediation of the Ministry of Justice and Public Security. This article starts from the concrete situation of informal direct aid for a more theoretical discussion on Constitution, Democracy, and Rule of Law. This essay aims to show that, in criminal matters, international legal assistance between countries cannot overrun official and formal procedures, nor exceed the limits of respect for the rights and guarantees of the individual from the perspective of a model guided by the Federal Constitution of 1988. Thus, the question of this research is: What are the dangers of informal direct assistance in criminal matters? In view of this problem, the present work will develop a critical analysis of active direct aid in Brazil, from the perspective of a model of criminal procedure guided by the constitution and marked by fundamental rights and individual guarantees. To carry out this analysis, we initially start from a concrete analysis of international legal cooperation in Brazil, outlining the preliminary concepts for understanding the subject, developing the formal assumptions of direct aid and its difference from informal aid. In a second step, a more theoretical analysis will be made on the risks of violation of the rights and fundamental guarantees of broad defense, prohibition of illegal evidence, and parity of arms in criminal proceedings. The methodology used in the work is based on a qualitative approach to the problem, through bibliographical research and document analysis, proper to this type of research in Law, with a focus on the analysis of the legal validity of informal assistance in international legal cooperation in criminal matters.