A inconstitucionalidade da inversão da oitiva do réu no rito da lei de drogas, por violação aos princípios constitucionais do contraditório/ampla defesa

Abstract

The present excerpt has as its aim to demonstrate how the principles of the contradictory and the ample defense, supporters of the Democratic State of Law, when being assured in the interrogation, during hearing, function as important and effective means of defense of the defendant before the accusatory theses of the organ of indictment. For this to happen, the advent of Law 11.719 / 2008 modified the common procedure of the Brazilian Penal Code, understanding that the interrogation should be the last act of procedural instruction. Thus, this fragment aims to defend that, even in the special procedures (including the Drug Law, object of the present work), where the interrogation is the first act of the procedural instruction, it is due the interrogation to occur at the end of this, since there is it is necessary to guarantee the effective constitutional right of contradictory and ample defense, since Law 11.719 / 2008 was elaborated in the light of the accusatory constitutional-democratic system, and therefore should prevail over the special procedure done in totalitarian inspirations. Thus, the hierarchical criterion for the solution of antinomies is defended, as well as the recent decisions of the STF in which, in similar cases, it was decided that the interrogation should be the last act of the procedural instruction, except for the drug law , as a matter of criminal selectivity