The last word belongs to the defense
The last word belongs to the defense: the right of the accused-delayed to speak after the final allegations of the whistleblower
Keywords:
right to full defense, right to the adversary system, final allegations, whistleblower defendant, denounced defendant, successive term, nullity, prejudiceAbstract
From recent judgements of the Brazilian Supreme Court, two issues are addressed in this article, consistent with the examination of the effective existence of the denounced defendant's right to speak out in final allegations; and starting from the recognition of this right, about the nature of nullity arising from its inattention.
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References
BONAVIDES, Paulo. Curso de direito constitucional. 10. ed. São Paulo: Malheiros Editores, 2000.
GRINOVER, Ada Pellegrini; GOMES FILHO, Antonio Magalhães; FERNANDES, Antonio Scarance. As nulidades no processo penal. 12. ed. São Paulo: RT, 2011.
PIOVESAN, Flávia. Direitos Humanos e o Direito Constitucional Internacional. 10. ed. São Paulo: Saraiva, 2000.
TUCCI, Rogério Lauria. Direitos e garantias individuais no processo penal brasileiro. 2. ed. São Paulo: RT, 2004.
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