Sistema jurídico penal e garantias fundamentais: crise processual e solução tríade

• Autor(a) principal: Almeida, Carlos Alberto Garcete de
• Data de Publicação: 2016
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/19406
• topic: Sistemas; Constitucionalismo; Garantismo; Processo Penal; Systems; Constitutionalism; Guaranteeism; Criminal Procedure; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The Federal Constitution of 1988 consolidates fundamental rights of the citizens before the State, so that the Criminal Procedure must currently be interpreted in accordance with the Constitution. Thus, preliminary criminal investigation procedures in general must follow the accusatory system, which protects the publicity, the respect for the rights of the investigated person and the broad participation of their counsel for the defense, among other aspects. In order to achieve this goal, it is important to observe that the construction of the accusatory system of criminal investigation was structured from the focus of activities of accusing and judging, which remains until the present days. Nevertheless, the Democratic State of Law operates itself progressively, so that now it must include the activity of investigating. In this way, considering the theory of guaranteeism and fundamental rights, the criminal justice system proposed is the one that adopts independent activities of investigating, accusing and judging, avoiding the contamination by participating agents in these functions cumulatively. This assertion is based on the scientific system, keeping away from pragmatic arguments, which generally have as background the organic defense of the institutions and the members that are part of it. The intended uniqueness in this thesis is to proceed the technical and legal analysis of the Brazilian criminal investigative system