O contraditório participativo no processo penal: uma análise da fase pré-processual à luz do Código de Processo Civil 2015 e da Constituição

Abstract

The purpose of this essay is to feature an analysis, pursuant the premises of modern science of proceedings, as per the adversary system in criminal prosecution, tendering its influence on the grounds of preliminary phase from the scope of Federal Constitution as of 1988 and the New Code of Civil Procedures. Such given system shall be reviewed as a distinctive feature of the process through the Democratic State of Law, due to process of constitutionalization per se, its mandatorily encompasses the Code of Criminal Procedure. We may take the opportunity to highlight upon the aforementioned statutory code, once enacted in 1940, its founding generations passing through, not to mention its successive mutilation and constant revamp, devoid of one sole spirit. The New Code of Civil Procedures, taking into the account the due constitutionalization of process into its scope, as well as to set forth the foundation basis of process, it not only tends to revive the civil proceedings, but also it sheds light over the criminal procedure, enticing a democratic survival until a new code is enacted. After examining the evolution of the adversary system and its modern participatory approach, we shall propose the reception of the possible adversarial in police investigation and in administrative proceedings, as well as to sort the New Code of Civil Procedures´ principles wise of influence, including the reasonable timeframe and mediation. In this sense, we may notice the influence of new legal basis as based on the theory of the dialogue des sources , also highlighting in consideration to the full acknowledgement of subsidiary application of the Code of Civil Procedures to the Criminal Procedures upon the Superior Court opinions.