Aperfeiçoamento da política pública penal no Brasil : a inserção da audiência de custódia no processo penal

Neste exercício são discutidas formas de empreender mudanças em políticas públicas, focando especialmente no estudo da política prisional brasileira. O que é central no debate proposto é a viabilidade da inserção de audiência a ser realizada imediatamente após a prisão de um indivíduo, a audiência de custódia, que possibilitará o encontro entre a pessoa presa e o juiz. O ator promotor da mudança, o Instituto de Defesa do Direito de Defesa – IDDD apregoa como resultado mecanismos de prevenção e combate à tortura e um efetivo controle judicial da detenção. Subsequente a esse argumento, o Instituto é enquadrado como figura influente no papel de grupo de pressão pela mudança na política pública prisional por meio da defesa da audiência de custódia.

O direito fundamental contra a autoincriminação: a análise a partir de uma teoria do Processo Penal Constitucional

The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security

The Europeanisation of Criminal Law and the Criminal Law Dimension of European Integration. Research Papers in Law, 3/2005

From the Introduction. In the academic year 1991-1992, Utrecht University, on my initiative, started to offer courses in European criminal law. This initiative came at a symbolic moment, just prior to the entry into force of the EU Treaty of Maastricht1 and the outlining of European policy in the areas of Justice and Home Affairs (JHA). The Director of the Legal Department, Paul DEMARET, was aware of the significance of this development and I have been given the opportunity to teach this subject at the College of Europe since 1995. Since then, JHA has evolved into one of the main areas of EU legislation. Now we are again on the threshold of an important historical feat. In June 2003, the European Convention reached agreement concerning a draft Treaty establishing a Constitution for Europe.2 The use of the term “Constitution” for the future EU Treaty is not simply cosmetic. The realisation has dawned that EU integration must be embedded in a treaty document which also regulates the rights and duties of citizens, not just with respect to European citizenship, but also with respect to, for example, Justice. Where JHA is concerned, this result acknowledges that the harmonisation of criminal law and criminal procedure and transnational cooperation cannot preclude the harmonisation of principles of due law and fair trial. Despite the substantial Europeanisation of criminal law, many criminal lawyers are defending the achievements and typicalities of their national criminal law like never before. EU initiatives are assessed from the perspective of the national agenda and national achievements. We are still too far removed from a European criminal law policy that is both European and enjoys national support. The core issue is therefore not how to keep our criminal (procedural) law national and free from European influences, but rather how to ensure democratic decision making, the quality of the constitutional state and the guarantees of criminal law in a national administrative model which has to operate increasingly interactively within a European and international context. In this contribution, the contours of the Europeanisation of criminal law are outlined and analysed. First, attention will be paid to the EC and, second, to the JHA. Following this, an evaluation and a look ahead at the current IGC are indicated.

Manual de procedimientos en materia criminal para los funcionarios y agentes de policía, guardia civil, jueces y fiscales municipales juzgados de instrucción, con apéndices de distintas leyes y disposiciones vigentes /

Mode of access: Internet.

To change procedure in the federal courts in certain cases : Hearings before the Committee on the judiciary, House of representatives, Seventieth Congress, first session, on H.R. 5608, H.R. 8230, H.R. 8555, H.R. 8556 ... January 17-Feb. 7 & 14, 1928. Part I-II.

"These bills relate to the same general subject. It involves the question of trying to devise some method of relieving the congestion of business in the United States District courts."--p.

Criminal debt collection efforts : hearing before the Committee on Governmental Affairs, United States Senate, One Hundred Fourth Congress, first session, July 19, 1995.

Shipping list no.: 96-0171-P.

A sketch of the criminal law.

Mode of access: Internet.

A treatise on criminal pleading, with precedents of indictments, special pleas, &c. Adapted to practice.

Mode of access: Internet.

Criminal law in action /

Mode of access: Internet.

Working papers of the National Commission on Reform of Federal Criminal Laws relating to the Study draft of the new Federal criminal code.

Includes bibliographical references.

Inferior criminal courts act of the city of New York,

Mode of access: Internet.

The criminal and his allies /

Includes index.

Reports of some of the criminal cases on primary hearing, before Richard Vaux, recorder of the city of Philadelphia : together with some remarks on the writ of habeas corpus: and forms of proceeding in criminal cases.

"Some remarks on the writ of habeas corpus: and a review of the proceedings under the same. 2nd ed. 1846": p.[187]-222.

Indeterminate and determinate sentencing : criminal justice issues before the first Special Session, October 24, 1977 : House Republican Committee Staff report /

Issued September, 1977.