A (in)observância do princípio da paridade de armas no âmbito do processo penal brasileiro

Abstract

The present research seeks to indicate and analyze the moments of incidence resulting from the non-observance of the principle of equality of arms in the Brazilian criminal procedure, demonstrating that this violation – consequently – causes the accused to occupy a disadvantageous position in the procedural relationship. Although it is almost non-discussed in Brazilian doctrine, the subject is of great relevance, whereas, when analyzed, it can refer the reader to reflect on two aspects: the real existence of a (dis)parity of arms in criminal trial or of the existence of a natural (in)equality of positions between prosecution and defense. The present scientific article focuses on the first aspect, and aims to identify some of the factors that contribute to the occurrence of this phenomenon, admitting – as does Renato Stanziola Vieira – that the principle of equality of arms stems from the constitutional principle of equality (article 5, caput, of CRFB/88). The method of research applied was the inductive, so we observed a sufficient number of particular cases in order to obtain the conclusion of a general truth. The study developed based on bibliographical and legislative research, which sought to understand the equality of arms in the criminal process, focusing on the Brazilian one, from the perspective of the author Renato Stanziola Vieira and the principle of equality with forecast in the 1988’s Constitution of the Federative Republic of Brazil.