A nulidade absoluta pela não intervenção do representante do Ministério Público em atos essenciais da ação penal pública
The practice of essential acts on criminal proceedings, especially criminal investigation hearings, without the participation of public prosecution, violates the adversarial system. This finding demands a revision of the theme [species of criminal procedural acts (structural and accessories) and the...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6358836 |
| Source: | Revista Brasileira de Direito Processual Penal, ISSN 2525-510X, Vol. 4, Nº. 1, 2018, pags. 337-368 |
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| Summary: |
The practice of essential acts on criminal proceedings, especially criminal investigation hearings, without the participation of public prosecution, violates the adversarial system. This finding demands a revision of the theme [species of criminal procedural acts (structural and accessories) and their effects], by the intelligentsia, to correct the problem of non-compliance with the paradigm of adversarial system which has caused controversial and chaotic legal precedents and it is clear the paradox between science and legal praxis. The proposal is to re-examine the theme, by the cross-examination paradigm, poiting out that it is out of the utmost importance a proper perception and classification of the legal acts species, using a premise in which one can distinguish what is an essential from what is an accessory act, and its effects. This study neutralize the controversy over criminal investigation hearings without the participation of public prosecution being a void or voidable act, improving the state of the art with the acknowledgement of the direct inquiry of witnesses is an essential act and its absence entails absolute nullity. The essential acts cannot be carried out without their plaintiff and treating it as if it were secondary is an error in procedendo. The pas de nullité sans grief only applies to accessories acts. The epistemological model proposed works as a fundamental premise of interpretation of the theme, contributing to the advancement of the big area. |
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