Criminal aspects in the Constitution

Authors

  • Adhemar Ferreira Maciel Superior Tribunal de Justiça, STJ, Brasil

Keywords:

Criminal aspects, 1988 Constitution, Fundamental rights, Pretrial detention, Presumption of innocence

Abstract

The text examines the criminal aspects in the 1988 Constitution, highlighting its directive and programmatic nature and the influence of the Portuguese and German Constitutions, especially in enshrining human dignity. It analyzes provisions of art. 5 on lawfulness of evidence, due process, natural judge, arrest, notification of prisoners' rights, legality, non-retroactivity, imprescriptibility of racism, non-bailability of heinous crimes, personal responsibility, individualization of punishment, presumption of innocence, and civil imprisonment for debt. It concludes that a judge may only keep someone in custody if demonstrating, formally and materially, the indispensability of such custody, under penalty of violating human dignity, presumption of innocence, and provisional release.

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Author Biography

Adhemar Ferreira Maciel, Superior Tribunal de Justiça, STJ, Brasil

Ministro do STJ.

References

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Published

1996-01-01

How to Cite

MACIEL, Adhemar Ferreira. Criminal aspects in the Constitution. Brazilian Journal of Criminal Science, São Paulo, v. 13, n. 13, p. 93–97, 1996. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3451. Acesso em: 20 oct. 2026.
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