
Brazilian criminal procedure: a constitutional and practical perspective
Fundamental rights and their applicability in Brazilian criminal procedure
Versandkostenfrei!
Versandfertig in 6-10 Tagen
27,99 €
inkl. MwSt.
PAYBACK Punkte
14 °P sammeln!
The aim of this research is to demonstrate the gap between the fundamental rights and guarantees set out in the Federal Constitution and their applicability in criminal proceedings. Firstly, a criminal procedural model is delimited in the light of the Federal Constitution, while in a second part, using an analysis of judicial decisions, the possible injuries to fundamental rights and guarantees are verified, concluding that although there is a Constitutional provision, there are interpretations that are at odds with the postulates of a Constitutionally adequate Criminal Process, that is, a cri...
The aim of this research is to demonstrate the gap between the fundamental rights and guarantees set out in the Federal Constitution and their applicability in criminal proceedings. Firstly, a criminal procedural model is delimited in the light of the Federal Constitution, while in a second part, using an analysis of judicial decisions, the possible injuries to fundamental rights and guarantees are verified, concluding that although there is a Constitutional provision, there are interpretations that are at odds with the postulates of a Constitutionally adequate Criminal Process, that is, a criminal process that sees the defendant as an individual with rights, so that due process and other fundamental rights of the individual who is a defendant are respected, avoiding possible abuses perpetrated by the State.