The relevance of Francesco Carrara’s procedural thought today

Abstract

This text compares the relevance of Francesco Carrara’s procedural thought to the 1988 Brazilian Constitution, highlighting the convergence between the theories of the Luquese scholar and current constitutional principles. The analysis examines the autonomy of the Judiciary, the understanding of criminal procedure as an instrument for protecting the rights of the accused, the essential conditions of criminal adjudication, including the parties and procedural acts, as well as the participation of lay judges and the compatibility between inner conviction and rational persuasion. It is concluded that the lessons of the Italian proceduralist, although formulated in the 19th century, remain pillars of contemporary democratic and rights-protecting criminal procedure.