The (future) new Code of Criminal Procedure
a code for defendants?
Keywords:
Procedural law, Guarantees judge, Due ProcessAbstract
The text analyzes the controversies surrounding the bill for a new Criminal Procedure Code approved on November 9, 2010, often mischaracterized as the “Code for Defendants.” It argues such framing is inaccurate as reforms impact both defendants and society. Critical points include extending phone interception periods, allowing preventive detention based solely on crime severity, and anticipatory sentencing for offenses with maximum sentences up to eight years. However, the text also highlights democratic innovations, such as the guarantees judge and limiting the judge’s probative initiative, aligning with constitutional rights and fundamental guarantees.
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Copyright (c) 2011 Me. André Machado Maya, Me. Guilherme Rodrigues Abrão
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