Oralidade e sua caracterização no direito processual penal

• Autor(a) principal: Penteado, Fernando Martinho de Barros
• Data de Publicação: 2019
• 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/22719
• topic: Oralidade (Direito) - Brasil; Testemunhas; Processo oral; Processo penal; Oral pleading - Brazil; Witnesses; Oral proceedings; Criminal procedure; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

On being the fundamental way of expression between people, oral communication has been keeping pace with human development also resonating in the structuring of procedural systems. Orality served as one of the basis for the rupture of the procedural model of absolutist States and contributed to the development of the contemporary criminal procedure, influencing several legal systems. In Brazil, this transposition was slow and, with rare exceptions, was only after the enactment of Laws 11,690/08 and 11,719/08 that one could notice a greater engagement of the legislator in favor of orality. The aim of this study is to contextualize the orality and the juridical and political reasons that would legitimate its adoption in the scope of the legal process, as a proper means for reconstruction of facts in court, thus optimizing procedural guarantees. Therefore, this investigation sought to make a critical analysis of this topic within the Brazilian criminal procedural law in the post-2008 period. In this scenario, the present work initially addresses the evolutionary stages of the criminal procedure with the purpose of positioning orality within its historical dimension. Then, nature as a legal norm and the various concepts of orality are examined. Subsequently the theoretical framework drawn from national and foreign doctrine and also from the jurisprudence of the International Courts are presented for shaping an orality paradigm that could be applicable to criminal proceedings. Based on the identification of these guidelines, the Brazilian criminal procedural law is confronted in order to assess its compatibility with the oral proceedings.The conclusion reveals that, despite the changes made in 2008, the orality coefficient in the Criminal Procedure Code of 2008 is not satisfactory and demands legislative complementation