Instrumentalidade civilística na forca: o reconhecimento pessoal sob á égide de uma garantística teoria das nulidades do processo penal

Abstract

The present monograph of recognition is personal to the institute of the criminal analysis process from a theory of constitutional nullities. In this sense, the nullity system regulated by the criminal procedure code, for its full understanding, requires a theoretical deepening in the founding conceptions of criminal procedure and the way they conceive, noting the authoritarian matrix and the uncritical attribution of civilist categories that perpetuate the inquisitorial mentality in criminal proceedings. It is thus approached how this whole framework settles a theory of nullities compatible with a democratically based criminal procedure. Subsequently, the essay is based on a theoretical framework that understands criminal law as a content of the constitutional power to punish the state and the criminal process as a series of procedures that aim at fundamental rights and guarantees of the designated instrumentality. Finally, based on the constitutional instrumentality, if a theory of nullities harms the accusatory system and which serves as a basis for the examination of the institute of personal recognition in the Criminal Code of 1941, in the Bill of the New Code of Criminal Procedure and also of the judgment of the Superior Court of Justice that modified the jurisprudential interpretation on the device that regulates the evidence.