A inconstitucionalidade do art. 385 do CPP frente ao sistema acusatório adotado pela CF/88

Abstract

This present work has as main goal to demonstrate if there is or not invalidity about CPP’s article 385 according to the accusatory system adopted by Carta Magna. In the brazilian penal procedure system, in the public penal action, by imposition of criminal policy, there is a unavailibity of public prosecutor's office attuation, what make evoke divergences about the connection of absolution request required by parquet to the magister at the moment of veredict’s utterance. Otherwise, also persists the understanding that the prosecutor’s office , when sustains the defendant’s innocence, does it by the reason of being the penal action titular, having total domain about de accusatory pretension, condittion that would vinculate the judge in your decision. For the versed topic development, at first, is necessary the study about accusatory system’s aspects, analyzing its basing principles. After, was accomplished the tasks’ study inside of the penal proceedings in the crimes of public initiative, acuse and judge, by two different institutions, like also outlining which would be the object of the penal’s proceeding and your relationship with the unailvalibity principal.