Transnational criminal procedure

evolutionary lines and procedural guarantees

Authors

  • Ada Pellegrini Grinover Universidade de São Paulo, USP, Brasil image/svg+xml

Keywords:

International cooperation, Transnational criminal procedure, Procedural guarantees, Extradition, Fundamental rights

Abstract

The text examines the evolution of international cooperation in criminal matters, highlighting the overcoming of a bidimensional view, restricted to States' interests, in favor of a trilateral perspective, in which the individual stands as a subject of rights. Using a legal-dogmatic and comparative method, it analyzes national reports from various countries, multilateral and bilateral treaties, and the systematization of the matter in domestic laws, such as Portuguese Decree-Law 43/91. It verifies the trend toward judicialization of cooperation procedures, with observance of adversarial proceedings, due process of law, and procedural guarantees in both the requested and requesting States, as well as the rejection of the "male captus, bene retentus" principle and the need for control by international bodies.

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Author Biography

Ada Pellegrini Grinover, Universidade de São Paulo, USP, Brasil

Professora Titular de Processo Penal na Universidade de São Paulo.

References

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Published

1995-01-01

How to Cite

GRINOVER, Ada Pellegrini. Transnational criminal procedure: evolutionary lines and procedural guarantees. Brazilian Journal of Criminal Science, São Paulo, v. 9, n. 9, p. 40–83, 1995. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3372. Acesso em: 20 oct. 2026.

Issue

Section

National Doctrine
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