Introdução ao Direito Comparado (Portuguese Edition)

No one shall be deprived of liberty or property, without due process.

LX , the prohibition of evidence obtained by illegal means inc. LII ,the contradictory and full defense inc. LV , the presumption of innocence inc. LVII ,the right to silence and to be assisted by family and lawyer inc. LXIII , not to be forced to confess under duress physical or moral inc. XLIX and a trial by jury in crimes against life inc. In addition, proposed public criminal action, the prevailing principle of unavailability of the process, and the prosecution can not have it, transacting, giving up or agreeing with the defendant.

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Nevertheless, from the force of Federal Act n. Revista dos Tribunais, Indeed, the principles of obligation and the unavailability of prosecution will be hampered by the principle of discretionary regulations or rules, which allows in cases envisaged by law to make room for the autonomy of the will of the parties under the control of the judiciary. Revista dos tribunais, , p. Moreover, the judge has broad powers to give or not credibility to these tests, whichever is your free and relativity convincing evidence, since there is no evidence prevalent, and even if the prosecutor proposes the acquittal of the accused, the judge may convict it.

Is that while the U. In Brazil, has not been settled the question of fruits of the poisonous tree, the communicability of the original illegal evidence against the other evidence thereon, although the most recent decision of the Supreme Court has been in to reaffirm this principle. However, the existence of illegal evidence alone does not determine the invalidity of the process, since there is other evidence that lead and autonomous legal culpability of the defendant. This certainly gives a high degree of social efficiency in the U. Nevertheless, this system suffers severe criticism, especially by Brazilian authors, trained in the liberal legal tradition, where the principles of culpability and the real truth occupy a prominent place in the theory of criminal law on the grounds of a system like this can occur favor of the more affluent segments of the population, where the poor have less bargaining power, as they lack good and well- paid lawyers, which certainly would cause many miscarriages of justice.

Moreover, many claim that the U. Plea and charge bargaing: In fact, the Brazilian law is closer to Italian models articles and CPP and Portuguese articles CPP , that derogations from the principles and requirement of unavailability of prosecution only in cases envisaged by law, where prosecutors must observe certain conditions, including the prohibition of proposing custodial sentences. These institutes mark the introduction of consensus in brazilian criminal system, allowing a rapid response to crimes of small and medium offensive potential, and to the defendant a quick solution to your case, as well as replacing the deprivation of liberty by deprivation of rights.

Livraria do Advogado, , p. On crimes and punishments.

Original work published If there is an agreement, the penalty shall be set at the legal minimum, or even below It. Besides, we should introduce in brazilian criminal system the possibility of the defendant to plead guilty and negotiate his penalty with the public prosecutor, replacing deprivation of liberty by deprivation of rights, wherever possible. Devido processo legal substantivo. University Press of Kansas, The University of Chicago Press.

Oxford University press, Revista dos tribunais, Introducing consensual criminal justice in Brazil. You may have already requested this item. Please select Ok if you would like to proceed with this request anyway. WorldCat is the world's largest library catalog, helping you find library materials online.

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INTRODUÇÃO AO DIREITO - CIVIL LAW X COMMON LAW PROF. CLÁUDIA FRANCO LOPES

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