The reduction of bureaucracy in the summary proceeding

Abstract

The article addresses, in an eminently practical manner, the bureaucratization of the common procedure for offenses punishable by detention in Brazilian criminal procedure, rather than proposing a new doctrinal construction, advocating solely for the correct application of already existing procedural law. Examining two entrenched forensic practices (replacing oral arguments with written briefs and transcribing verbatim, word for word, the statements of prosecution and defense) the authors demonstrate, through analysis of the Code of Criminal Procedure's provisions and comparison with the procedure for intentional crimes against life and oral arguments before appellate courts, that neither requirement derives from express legal provision. Drawing on doctrine (Espínola Filho, José Frederico Marques) and a precedent from the former São Paulo Criminal Appeals Court, they conclude that oral arguments should be succinctly recorded by the judge in the record, without prejudice to adversarial proceedings and full defense, which would save procedural time and contribute to judicial celerity, regardless of future legislative reforms such as the creation of Special Criminal Courts.