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Revista Brasileira de Direito Processual Penal
51 Publications


  • The genesis of the “giusto processo” constitutional reform in Italy

    This paper analyzes the complicated scenario that, starting with the promulgation of the current Italian criminal procedure code, in 1999 resulted in the constitutional reform of the "giusto processo". Inspired by an accusatory logic, the 1988 Code had introduced the contradictory "golden rule" in the formation of evidence, establishing the irrelevance of declarations secretly collected by the preliminary investigation actors. Unhappily received by the majority of the judiciary, the accusator...

    Precautionary measures of personal character, general power of caution and mitigated category list

    This is a study that aims to point the possibility of adopting an intermediate vision between the extreme positions of application of personal precautionary measures in the criminal procedural law, namely, the general power of caution vs. closed list of applicable measures. Thus, it is not intended to analyze requirements and forms of application of personal precautionary measures, but only whether or not there is a liberality of creation and application of these measures, provided by law or ...

    Editorial: The fascination of knowledge of criminal procedural law in the age of “jurisdictional protagonism” and digital scientific communication

    Several sectors of today´s knowledge are marked by characters that grow, exhort, modify. It considers the reciprocal influences between Criminal Procedure Law, word quality and interpretation; academia, transmission of knowledge and technological advance. These are just a few of the intersections that permeate and determine today the whole system, whose connections and intersecting spaces are constantly changing. This editorial is based on the conviction that the subject of the Criminal Proce...

    Against midiatic speech: a guarantistic perspective of the police chief’s role

    Regarded the general interest for the police actions, specially the arrests, its seems natural that the media, acknowledging its freedom, intends to broadcast the operation’s results. Considering the police’s praxis of exposing the arrested soon after the capture, transforming this procedure into a not always admissible spectacle, and considering the constitutional rights of the person arrested, specially his/her dignity, the presumption of innocence and his/her privacy rights (which are not ...

    Editorial dossiê "Investigação preliminar, meios ocultos e novas tecnologias"

    A sociedade internético-personocêntrica impõe novos desafios ao Direito, mas em especial ao Direito constitucional penal material e processual. A justiça é um bem precioso, a segurança é outro bem valioso, mas a liberdade é o maior valor da justiça. Esta trilogia exige ao legislador contenção para não ceder em agradar de todo os apelos dos cidadãos – justiça célere para o outro – e exige aos hermeneutas e exegetas um olhar atento nas opções político-criminais de persecução criminal face aos d...
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