Conditions for indictment under Brazilian law. A new proposal

Conditions for indictment under Brazilian law. A new proposal

Blog Article

The theory that establishes conditions click here for indictments has caused several discussions among the criminal procedure experts in Brazil.Stimulated by the lessons of Liebman, the theory found in the civil procedure a great area for development.Its transposition to the criminal procedure, however, has always been a motive for controversies.Taking the 2008 procedure alteration as a reference, which improved the control of the acceptance of the criminal charges, this paper aims to renovate the analysis about the importance of that theory.The premise assumed is the validity of the traditional causes adding 12n/1200 wella the probable cause to them.

The probable cause standard is elevated to a higher relevance spot, including an analysis on the reasonable belief and the legal viability of the charges.Taking the probable cause as a start, the other conditions are submitted to new approaches in order to respect the peculiarities of criminal procedure.