The new decision-making model in the criminal procedure after the law nº 13.964/2019
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Rationale for decisions, Contradictory, Nullities, Law 13.964/2019Abstract
This paper seeks to demonstrate that the inclusion of the hypothesis provided on art. 315, §2 of the Code of Criminal Procedure has the function of complementing constitutional imperative. Despite the fact that legislative innovation was included in the chapter on preventive detention, it must be observed in all stages of its process, including the investigation phase, in order to make it possible to exercise other fundamental procedural guarantees.
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