A ausência de recurso cabível contra decisão que recebe a denúncia, em vista do excesso de habeas corpus no judiciário e dos princípios fundamentais do processo penal

Abstract

This Undergraduate Thesis examines the absence of an appeal mechanism against the decision to accept a criminal charge in Brazilian criminal procedure. Given the specific nature of this decision, its lack represents a gap that disrupts the balance between defense and prosecution and impacts the fundamental rights of the defendant. The aim is to assess the legal and procedural implications of this gap, particularly the increased use of habeas corpus as a substitute for appeal, which overburdens the judiciary. Using the deductive method, the research draws on doctrinal, jurisprudential, and statistical analysis to discuss how the lack of an applicable appeal harms the legal order. Based on this analysis, a Constitution-compliant interpretation of Articles 581 and 593 of the Code of Criminal Procedure is proposed, including the decision to accept a charge among those appealable by means of an Interlocutory Appeal or Appeal. The adoption of this appeal would bring greater legal security and efficiency to criminal procedure, reinforcing the fundamental guarantees of the defendant