Os princípios do processo penal e o julgamento da ação penal n.470

• Autor(a) principal: Sadeck, Marco Antônio José
• Data de Publicação: 2013
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/35314
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PENAL::DIREITO PROCESSUAL PENAL; Princípios processuais penais; Dignidade humana; Ação penal n.470; Mensalão; Foro privilegiado; Principles of criminal procedure; Human dignity; Prosecution n.470; Mensalão; Privileged forum

This monograph aims to present a brief analysis of the trial of the criminal action n.470, widely reported by the media as 'monthly allowance', walk the paths of procedural safeguards and constitutional principles set out in art.5, items LIII, LV, LVII, of the 1988 Constitution, which establishes the main directions to be heeded by all the desired democratic process. To fulfill this goal, the study begins by presenting the concept and the main doctrinal definitions of the principles, highlighting those most relevant and directly affects the criminal proceedings; emphasizes, then the processing of the latter in a democratic state, based on the principles ensuring due process of law, the legal defense and contradictory, freedom, manifestation of the parties, and the double jurisdiction. Thereafter, discusses the doctrinal controversy about the legal prerogative of the privileged forum in Brazil and the idea of justice, from the teachings of young lawyers like Michael Sandel. A brief history discusses the process that gave rise to the monthly allowance, the profile of the accused, the duration of the trial, and especially the wide media coverage and foreign, while observing the consequences of disproportionate visibility. The study sought to present some aspects of this trial given that no citizen can be prosecuted under any hypothesis, invasive or abusive state, likewise, to what extent the media reflected broad impact on the visibility of the defendants there exposed in With respect to the principle of human dignity. The Rule of Law requires a criminal case based on constitutional guarantees to meet the principles set out above. Were all observed during the trial of the criminal action n.470? There was respect for due process and the right to legal defense for all defendants to the same extent? How did the freedom of expression of the parties? Would have been the trial of all defendants in practice conducted in a single instance by the Supreme Court? After all, who to turn to? The issue was addressed in the focus of the principle of appeal. In this brief study, respect for human dignity, as it governs the Constitution of 1988 and the main international documents, was the cornerstone, the main focus and direction, as it were perceived principles and constitutional guarantees during the course judgment, properly applied or misapplied. Finally, the study brings to light, albeit superficially, the domain theory of the fact (authored by German jurist Claus Roxin), one of the aspects of the process, the relevance and specificity deserve timely differentiated approach. It is, however, one among many other approaches related to the concept of organized crime that deserves further study in a timely manner