The (UN)CONSTITUTIONALITY OF ART. 156, OF THE CPP

A VIEW OF THE CRIMINAL PROCESS FROM THE CONSTITUTIONAL PERSPECTIVE

Abstract

It is necessary that, over the years, Criminal Procedural Law be observed from the perspective of Constitutional Law to the point of observing whether a certain legal norm is under the mantle of constitutionality. In this sense, art. 156 of the Brazilian Criminal Procedure Code produced before the 1988 Federal Constitution to observe whether this provision conforms to the current constitutional rules. To do this, it is necessary to observe the literal disposition of the legal excerpt, the doctrinal analysis, as well as the jurisprudential confrontation of the topic in order to have a broad look at the topic in question. In this way, a cross-sectional analysis of the topic is allowed to the point of carrying out an accurate study far from following only what is produced by the courts and verifying the analyzed topic from different perspectives. Therefore, it appears that this article should not be considered accepted by the current text, since from the perspective of the accusatory criminal process enshrined in the Federal Constitution, as well as the presumption of innocence, it is not possible to accept provisions like this.