O processo penal e o sistema acusatório

Abstract

The Federalist Republic of Brazil is formed by the insoluble union of the States, Towns and of the Federal District and it is constituted itself in Right and Democratic State, as shown in the 1st article of the Federal Constitution of 1988, having like foundations the sovereignty, the citizenship, the dignity of the human person, the social values of the work and of the free initiative and the political pluralism. The Brazilian Federal Constitution upon arranging the foundations of the State and the beginnings by its consecrated signed the adoption for the penal procedural right of the accusatorial system focused in the individual guarantees, in the human rights and especially in the dignity of the human person. The supremacy matter of the Federal Constitution imposes that all the legal order should be dealt and expert under the lenses of the own constitution, in a way to carry out the values in its consecrated. The effectiveness of the Federal Constitution encounters respect to the constitutional guarantees of the trial, to the dignity of everybody as much as its own subject to the penal trial with good reason by which, with disposition of the accusatorial System , where the functions of accuse, defend and judge be well defined and should be exercised by independent and distinct organs, in a way that guarantees that the conflict of the penal judgment be uttered by an impartial Judge, with the exercise of the guarantees of the broad defense and of the contradictory one by the part, which results in a fair judgment, obtained through legal proceedings