Emendatio libelli e a sua (in)compatibilidade com as garantias constitucionais do contraditório e da ampla defesa
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Date
2021-05-20
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Universidade Católica do Salvador
Abstract
Majority doctrine and jurisprudence has always argued that the emendatio libelli, provided for
in art. 383, of the CPP, to be applied, does not depend on prior opportunity to exercise the
adversary, on the grounds that the defendant defends himself against the alleged facts and not
the initial classification of the crime. However, a minority doctrinal current has arisen, claiming
that the defendant defends himself, not only from the facts, but also from the relevant legal
matters that may affect his libertatis status. Thus, the application of the institute would depend
on prior concession of opportunity to exercise the adversary, in addition to its conformity with
the guarantee of the defendant's broad defense. Hence the importance of the theme, since the
application of art. 383 from CPP is recurrent in forensic activity, motivating the present study
which aims to discuss the emendatio libelli and its (in) compatibility with the constitutional
guarantees of the adversary and the broad defense, pointing out the possible solution to the
problem.
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Keywords
Emendatio libelli, Garantias constitucionais do contraditório e da ampla defesa, Constitutional guarantees of the adversary and of the broad defense