Anti-crime package: adversarial structure versus inquisitive governmentality of contemporary brazilian criminal procedure

estrutura acusatória versus governamentabilidade inquisitiva do processo penal brasileiro contemporâneo

Abstract

The research has relevance in the national context, since it turns to the study of the inquisitorial structure of the Brazilian criminal procedure, which remains “alive”, even in the face of a Democratic State of Law. There is the research problem: to what extent will the anti-crime package, notably with the introduction of art. 3rd-A in the Criminal Procedure Code, face the inquisitorial governability of the contemporary Brazilian criminal procedure? Therefore, the purpose of this work, was to analyze the unconstitutionality of art. 156 of the Criminal Procedure Code and its tacit revocation by the anti-crime package, in addition to its eventual (in)effectiveness in the face of inquisitorial governability. As for the means, the research was bibliographic, because the theoretical-methodological basis is necessary for this work.