[vc_row el_id=”post”][vc_column width=”2/3″ el_class=”sideLeftPost”][vc_raw_html el_id=”postImgDestaque”]JTNDZGl2JTIwY2xhc3MlM0QlMjJpbnNlcnRJbnNpZGUlMjIlM0UlM0MlMkZkaXYlM0U=[/vc_raw_html][vc_column_text]Professor André Callegari, from IDP and a Post-Doctoral Fellow in Criminal Law, recently published the article "The Historical Relationship between the Acquisition of Rights Process and the Accusatory System in Brazil" in the Brazilian Journal of Criminal Sciences – RBCCrim. The journal focuses on scientific articles in the areas of criminal sciences, such as Criminology, Criminal Law, and Criminal Procedure Law.
The Post-Doctoral researcher explains that “The importance was to demonstrate the achievements obtained with a process that respects the rights and guarantees of the accused. This involves a process between parties in which the judge does not produce evidence but only directs the process. Although many authors argue that our system is an accusatorial process, our Code of Criminal Procedure still retains vestiges of the inquisitorial system. Therefore, it is important to demonstrate that a process in a Democratic State governed by the Rule of Law must be accusatorial, respecting individual rights and guarantees with parity of arms between prosecution and defense.”
The IDP encourages its faculty to produce scientific articles. "The IDP has a series of incentives ranging from the formation of research groups where the professor has the full support of the institution for meetings and debates with students, resulting in the possibility of joint publication not only with master's and doctoral students, but also with undergraduate students. In addition, there is a merit-based incentive criterion for publication in qualified journals in the field of Law," concludes the Professor.
Summary of the work:
This study seeks to evaluate the relationship between the historical process of acquiring civil, political, and social rights by the Brazilian population and the evolution of the country's criminal procedure system. As in other Western societies, the Brazilian case presents a direct relationship between the process of acquiring rights and the criminal procedure system. However, while in other Western societies the accusatory system arose concomitantly with the acquisition of civil and political rights, in Brazil this system emerged when civil, political, and social rights were enshrined in the Federal Constitution of 1988 for the first time. This marks the beginning of the proposition of the Democratic Rule of Law – understood here as a synthesis concept encompassing the three spheres of rights. This relationship allows us to link the accusatory system in Brazil as a reflection of the Democratic Rule of Law.
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