The art of the legal opinion

Authors

  • Sérgio Demoro Hamilton Procuradoria de Justiça do Estado do Rio de Janeiro, PJRJ, Brasil

Keywords:

Opinion, Public Prosecution, State Prosecutor, Procedural technique, Appeal

Abstract

The article examines the technique of drafting the Public Prosecution's opinion before the appellate courts, with emphasis on the role of the State Prosecutor in criminal matters. The author addresses the formalities and essential requirements of the opinion: identification, summary, procedural history, examination of preliminary issues, merits, sentencing, secondary effects, and conclusion. He highlights the need for reasoning (art. 129, VIII, of the Federal Constitution), the separation between preliminary issues and merits, adherence to the limits of the appeal (art. 599 of the Code of Criminal Procedure), sober writing, and respect for the parties. He concludes that, although procedural law does not regulate the opinion, its technique is essential for the quality of judicial decisions and suggests its regulation in a future Code of Criminal Procedure.

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Author Biography

Sérgio Demoro Hamilton, Procuradoria de Justiça do Estado do Rio de Janeiro, PJRJ, Brasil

Procurador de Justiça no Estado do Rio de Janeiro.

References

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Published

1994-10-01

How to Cite

HAMILTON, Sérgio Demoro. The art of the legal opinion. Brazilian Journal of Criminal Science, São Paulo, v. 8, n. 8, p. 111–126, 1994. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3346. Acesso em: 20 oct. 2026.
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