De magistrados, inquisidores, promotores de justiça e samambaias: um estudo sobre os sujeitos no processo em um sistema acusatório
The article attempts to analyze the position of subjects of the process under the new draft Criminal Procedure Code, especially the prosecutor. We recognize the adoption of a predominantly adversarial profile in the project, although not a full orientation. From this perspective, we seek to analyze...
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| Format: | Article |
| Language: | Portuguese |
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2010
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4818337 |
| Source: | Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 31, Nº. 60, 2010, pags. 133-161 |
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| Summary: |
The article attempts to analyze the position of subjects of the process under the new draft Criminal Procedure Code, especially the prosecutor. We recognize the adoption of a predominantly adversarial profile in the project, although not a full orientation. From this perspective, we seek to analyze the initiative to produce evidence to the parts, keeping the distance of the judge, and also the effective delivery of the command of the investigation to prosecutors as evidence to situate what must be the procedural posture of the prosecutor. It is the recognition of an evolutionary trend of the Brazilian legal system towards an adversarial model, establishing the basis of the ideal position of prosecutor in a system of this nature. |
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