The constitutional order and criminal procedure

Authors

  • Fauzi Hassan Choukr Universidade de São Paulo, USP, Brasil image/svg+xml

Keywords:

Criminal procedure, Accusatorial model, Public Prosecution, Constitutional guarantees, Criminal procedure reform

Abstract

The article examines the adoption of the accusatorial model by the 1988 Constitution and its consequences for Brazilian criminal procedure, based on the separation between the functions of accusing, judging and defending. It analyzes the exclusive standing of the Public Prosecution for public criminal action (art. 129, I), the new role of the judge as guarantor of rights during investigation, and the necessary reformulation of the victim's place in the proceedings. The author argues for the need for a comprehensive reform of the Code of Criminal Procedure to harmonize it with the constitutional order, highlighting the separation between investigation and criminal action, the limitation of the principle of material truth in favor of individual guarantees, and the expansion of victim participation, including in the control of the dismissal of the investigation.

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Author Biography

Fauzi Hassan Choukr, Universidade de São Paulo, USP, Brasil

Mestre em Direito Processual Penal – USP. Promotor de Justiça.

References

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Published

1994-10-01

How to Cite

CHOUKR, Fauzi Hassan. The constitutional order and criminal procedure. Brazilian Journal of Criminal Science, São Paulo, v. 8, n. 8, p. 57–68, 1994. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3338. Acesso em: 20 oct. 2026.
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