Violação às prerrogativas do defensor no processo penal e o prejuízo do cidadão defendido

• Autor(a) principal: Silva, Edson Pereira Belo da
• Data de Publicação: 2011
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/5656
• topic: Prerrogativas profissionais do defensor; Violação por agentes públicos; Princípios constitucionais; Cidadania e dignidade humana; Professional prerogatives of the defender; Violations by public officials; Constitutional principles; Citizenship and human dignity; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL PENAL

This study aims, in particular, examine the violations of the prerogatives of the professional criminal lawyer or public defender, particularly that of the constitutional guarantee of the right of the defense argued the prosecution, which is the instrument of realization of fundamental rights and guarantees of citizens, whose which safeguard the basic principles of citizenship and human dignity. Such professional prerogatives, exercised exclusively by the defender, belong to the citizen, the defender who has the professional criminal indispensable to the realization of Criminal Justice and the effectiveness of its principles, rights and constitutional guarantees. Violating the prerogatives of the defender means preventing the defense argued in the criminal prosecution, causing him substantial prejudice, segregation and the loss of freedom and equity, which affects their human dignity. The professional prerogatives are legal instruments that the defender can effectively perform criminal defense, without which the right of defense would not leave the paper. In this context, the victim can also play an active role in criminal prosecution to defend its interests, making defender, even to intervene in the prosecution watching the official charge. Violation of professional prerogatives, not only against the guarantee of due process as it becomes unfair to court, resulting in criminal prosecution, civil or administrative action against the offending officials. The Constitution introduced in the legal system and political principles and values, rights and guarantees to allow an effective balance of power between the state prosecutor on the one hand, and advocated a citizen on the other. The political and social evolution demonstrates, in this sense, how much of law and democratic governments have been concerned with the preservation of human dignity and the prevalence of Human Rights. Advocacy and Public Defender functions as essential to the Administration of Justice and endowed with prerogatives professionals play a key role in the effectiveness of constitutional provisions, especially in large, free access of citizens to legal assistance. The criminal defense attorney and public defender are indispensable guardians of constitutional values or legal rights such as freedom, privacy, security and patrimony