A recepção expressa do sistema acusatório por meio da lei no 13.964/2019: uma análise a respeito do avanço democrático em contraponto às barreiras da inquisitorialidade

Abstract

The main scope of this work is to address the legislative novelty brought about by Law No. 13.964 / 2019, known as the “Anticrime Law”, of express adoption of the accusatory system in the national legal regulation. The discussion related to the adoption of the accusatory model for criminal proceedings is not a recent one. There has been much debate in Brazil regarding the implementation of more profound reforms. In 2018, with the election of the head of the Brazilian State, a new proposal was presented to amend the criminal legislation and penal procedure, under the pretext of combating crime. During the legislative process, the so-called Anti-Crime Law was approved, however, with the express adoption of the accusatory system. In this sense, it truly represents a democratic advance, insofar as the accusatory system dialogues perfectly with the values inscribed in the 1988 Federal Constitution and the American Convention on Human Rights, since it places the judge in the position of guarantor of fundamental rights. However, despite the progress, this measure in itself still needs to be carried out, since it is suspended, by a preliminary decision by Minister Luiz Fux, as well as, there is a generalized change in the entire justice system, so that, then, come to guarantee the dignity of the individual who is subject to criminal prosecution. It was used in the study of exploratory dogmatic / doctrinal and legislative research, with the perspective of allowing greater knowledge on the subject and political context, through indirect documentation (documentary and bibliographic research).