Interview with Minister Luiz Vicente Cernicchiaro

Authors

  • Instituto Brasileiro de Ciências Criminais Instituto Brasileiro de Ciências Criminais, IBCCRIM, Brasil image/svg+xml

Keywords:

Criminal procedure, Pretrial detention, Temporary detention, Human dignity, Due process of law

Abstract

The interviewee argues for the need to revise the 1940 Code of Criminal Procedure in light of the 1988 Constitution, stating that adversarial proceedings have been treated more formally than materially, and that defense must be effective. It analyzes pretrial and temporary detention, requiring reasoned necessity and distinguishing their presuppositions, while partially recognizing Silva Franco's thesis. It criticizes the Brazilian prison situation as an affront to human dignity, defending house arrest in the absence of an adequate regime. It warns against the hardening of the Judiciary, reaffirming that Criminal Law should be the civilized way of treating the perpetrator of a fact defined as a crime.

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References

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Published

1995-12-01

How to Cite

INSTITUTO BRASILEIRO DE CIÊNCIAS CRIMINAIS. Interview with Minister Luiz Vicente Cernicchiaro. Brazilian Journal of Criminal Science, São Paulo, v. 12, n. 12, p. 7–10, 1995. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3418. Acesso em: 20 oct. 2026.
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