O sistema acusatório e o projeto de novo Código de Processo Penal: uma reflexão sobre a (in)conformidade constitucional

Abstract

The main objective of this research was to identify the points set out in the Project of the new Code of Criminal Procedure (PL 8045/2010) that are inconsistent with the provisions of the criminal procedure system adopted in Brazil and the paradigm of Democratic State of Law. Currently, Brazilian law does not expressly assume, in their legislation, any of the criminal procedural systems. With the intent of ending the controversy, the PL 8045/2010 prominently takes the adversarial model. Is in this context that the present study was built. In this respect, the objective is to (re) construct the arguments on which build on the existing criminal procedural systems, questioning in particular the basic elements of the adversarial system. Performed this first approach, is used as the main body of the study changes brought about by PL 8045/2010 in order to identify possible mismatches of the desired innovations emanating fundamental rights and guarantees of the adversarial system itself and the constitutional point of view. Covering topics such as the role of the magistrate with the advent of the new Code of Criminal Procedure, particularly with the introduction of the figure of the judge of guarantees as well as the desired expansion of negotiated justice with the inauguration of a new summary proceeding, buscau to examine where these themes ultimately challenge the idea of constitutional guarantees and the adversarial model.