A genealogy of the critical discourses on the authoritarianism of the Brazilian Criminal Procedure Code
This paper presents an investigation on the critical discourses that attribute the authoritarianism of the Brazilian criminal procedure to a legacy of the fascist Italian criminal procedural legislation of 1930. At first, it reveals the impossibility of this comparison by the lack of sources for ver...
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| Format: | Article |
| Language: | deu |
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Universidade Federal de Santa Catarina
2021-08-01
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| Series: | Sequência: Estudos Juridicos e Politicos |
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| Online Access: | https://periodicos.ufsc.br/index.php/sequencia/article/view/63139 |
| Summary: | This paper presents an investigation on the critical discourses that
attribute the authoritarianism of the Brazilian criminal procedure to a legacy of
the fascist Italian criminal procedural legislation of 1930. At first, it reveals the
impossibility of this comparison by the lack of sources for verifying if there was
indeed the influence of Italian fascist law in the Brazilian Criminal Procedure Code
of 1941. Then, it is analyzed how this critical discourse diffuses among Brazilian
criminal procedural law scholars from the 1990’s, due to their networks of academic
and professional contacts, establishing a rupture with previous criticisms. Finally,
the research aims to demonstrate how this approach between the Brazilian Code
and the Rocco Code was artificial and prevents Brazilian criminal procedural
law scholars from realizing the influences of other foreign laws in legislation and
current judicial practices and prevents them from creating strategies to ensure
the implementation of constitutional guarantees in these new procedural forms. |
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| ISSN: | 0101-9562 2177-7055 |