A Persecução Penal no Estado Democrático de Direito Brasileiro

Abstract

The present monograph aims to delimit Criminal Persecution in a democratic conception, having as reference the Constitution of the Federative Republic of Brazil of 1988. The methodology used for the approach was qualitative research, since the focus was on deepening the understanding of the theme. As for the nature, it is an applied research, since it aims at its use in the moments of Criminal Persecution. As for the objectives, motivated by the ineffectiveness of reprimanding crimes in Brazil, it is shown as an explanatory research. As for the procedures, ex-post facto research was adopted, due to the fact that an inquisitorial operation was identified in the phases of the prosecution and, consequently, contradicting the ideals of the Constitutional Text and generating a range of implications in the Constitutional, Criminal and Criminal Law itself. Criminal Procedure. The evocation of the progressive look allied to the Constitution resulted in the ratification of the indispensability of complying with the imperatives set out in the Constitutional Charter, due to the propensity for non-compliance. The completion of the work indicated how crucial the conversion from the inquisitorial approach to the accusatory approach is; respect for the ideology enshrined in the Major Law and the inevitability of humanitarian and social conduct in Criminal Law and Criminal Procedure.