The Criminal Procedural Reform of 2008 and the effectiveness of the defendant's human rights

Abstract

THIS ARTICLE EVALUATES IN WHICH EXTENSION THE HUMAN RIGHTS OF THE ACCUSED OF A CRIME, GUARANTEE BY THE FEDERAL CONSTITUTION, HAVE BEEN AFFECTED BY LAWS 11.719/08 AND 11.689/08. TOGETHER, THESE LAWS PROMOTE A COMPREHENSIVE REFORM OF THE CRIMINAL PROCEDURAL CODE. THE LAW 11.718/09 CHANGED THE TRIAL APPLIED FOR COMMON CRIMES AND THE LAW 11.689/08 CHANGED THE TRIAL APPLIED FOR CRIMES AGAINST LIFE. THEREFORE, WE CARRIED OUT THIS STUDY FROM (A) SUCH RULES OF COUNTERPOINT WITH THE IDEA OF HUMAN RIGHTS INSERTED IN THE CONSTITUTION AND (2) ANALYSIS OF THE DECISIONS THAT REFERENCE THESE LAWS AND WERE PUBLISHED BETWEEN SEPTEMBER 2008 AND SEPTEMBER 2009. THE RESULTS OF THIS RESEARCH INDICATE THAT THE REFORM CARRIED OUT A RAPPROCHEMENT BETWEEN THE PENAL LAWS (DATED FROM 1940) AND THE CONSTITUTIONAL PRECEPTS OF HUMAN RIGHTS, EXTENDING THE LINE BETWEEN THESE TWO NORMATIVE ORDERS IN BRAZIL. THIS CHANGE HAPPEN UNDER OTHER RECENT CHANGES IN THE LEGAL CULTURE OF THE COUNTRY, WHICH SEEKS PRECISELY TO ACCOMPLISH THE MODERN UNDERSTANDING OF HUMAN RIGHTS ENSHRINED IN THE CONSTITUTION. HOWEVER, SOME CASES REMAIN WITHOUT A CLEAR UNDERSTAND REGARDING WHICH PROCEDURE MIGHT BE APPLIED. THUS THE RECONCILIATION OF THE PROCEDURAL LAWS AND THE CONSTITUTION WILL BE RESPONSIBLE PRIMARILY FOR JURISDICTIONAL ACTIVITY. THESE ARE ESPECIALLY AFFECTED BY OTHER DIMENSIONS OF THE BRAZILIAN LEGAL CULTURE, AS THE SUPREMACY OF STATE INTERESTS OVER THE INTERESTS OF THE PARTIES