O art. 156 do CPP e a análise quanto à sua recepção pela constituição de 1988

Abstract

The present work has as its main objective to analyze the reception of the art. 156 of the Criminal Procedure Code (CPP) and its items by the constitution Federal Constitution of 1988, adapting to the fundamental principles of criminal procedure such as the adversary system, the full defense, the natural judge, among others. The central point of the article pervades the criminal procedural system adopted by the Brazilian constitutional order, analyzing the history and foundations of the accusatory and inquisitive systems, defining which was adopted by the 1988 constitution. Next, the powers of the magistrate with art. 156 of the CPP in force, bearing in mind the fact that if its permanence in the legal text would not infringe the principles of ne procedat iudex ex officio and the actum trium personarum. Finally, we will analyze the injunction of the Minister Fux, which suspended the effectiveness of art. 3-A of the CPP, as well as its relevance to the proposed topic, and whether this legislative amendment alters the majority interpretation current