O mandado Mercosul de elementos probatórios (MAMEP) como expressão da cooperação jurídica internacional em matéria penal na contemporaneidade : reflexões sobre globalização, crime transnacional e processo penal

• Autor(a) principal: Galicia, Caíque Ribeiro
• Data de Publicação: 2019
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_RS
• Texto Completo: http://tede2.pucrs.br/tede2/handle/tede/8897
• topic: Cooperação Jurídica Internacional; Devido Processo Penal; MERCOSUL; Mandado MERCOSUL de Elementos Probatórios; Princípio do Reconhecimento Mútuo; CIENCIAS SOCIAIS APLICADAS::DIREITO

This thesis was developed in the Post Graduate Program in Criminal Sciences of the Pontifical Catholic University of Rio Grande do Sul in the area of Criminal Legal Systems and Violence and in the research line of Contemporary Criminal Legal Systems. It addresses, contextualized by resignifications of the contemporaneity, subject matter to international legal cooperation in criminal matters delimited by the geographical space of the MERCOSUR. In view of the substantial change in the dynamics of cooperation, especially considering the level of integration between countries to coordinate joint actions and the need for more efficient transmission and receipt of requests, this thesis aims to analyze international legal cooperation in criminal matters within MERCOSUR and its effects on criminal proceedings aiming at the creation of a mechanism with greater adherence to the contemporary paradigm. To do so, the research presents a reflection on international legal cooperation based on the following key: legal cooperation in a horizontal way and based on the principle of mutual recognition. The facilitation of the circulation of persons, goods and services within the MERCOSUR area, in addition to many other factors, creates conditions for the development of illegal activities classified as transnational crimes, which requires for criminal prosecution committed with due process a mechanism that seeks balance efficiency and safeguard of fundamental rights. From this problem, it is proposed to create a mechanism of cooperation focused on the search, collection and production of evidence that is in conformity with the current stage of legal interaction between countries in space beyond national borders. The result of the research was the proposal for the creation of a MERCOSUR Evidence Warrant (MEW) as an expression of the mutual recognition of judicial decisions and established in the horizontal form, as well as the suggestion of the basic structure of an international treaty that could effect the measure. The research adopted as a methodological strategy a descriptive and exploratory analysis with a dialectical approach based on the complexity (transdisciplinary reading) of juridical, social and political phenomena, using bibliographical research, documentary and internal and international norms, conscious of the limitation of Science. Aiming at proposing a new model of international cooperation designed for MERCOSUR, the research addressed the limits and effects of the principle of mutual recognition as the founding framework of contemporary international legal cooperation. Although the cooperative acts can develop between any countries, it is in the regional integrated space, materialized in blocks of integration that establish the best conditions for approaching criminal justice systems. Thus, the proposal of MAMEP, besides representing cooperation according to the horizontal model, directly between judicial authorities, provides alignment that favors normative harmonization, one of the objectives set forth in the Treaty of Asunción.