THE 1988 CONSTITUTION AND THE EFFECTIVENESS OF POSITIVE CRIMINAL PROCEDURAL OBLIGATIONS IN BRAZILIAN CRIMINAL LEGISLATION

Abstract

This chapter analyzes the compliance of Brazilian criminal procedural legislation with the positive criminal procedural obligations established by the 1988 Constitution. The Constitution imposes on the State not only the duty to classify and sanction conduct that violates fundamental rights, but also to implement effective mechanisms to the investigation, prosecution and punishment of these crimes. Using the deductive method and bibliographical research, this study starts from general constitutional and international principles of human rights to examine specific norms of the Brazilian legal system. The main objective is to evaluate the adequacy of criminal procedural legislation, identifying gaps and inconsistencies that may compromise the effectiveness of these obligations and proposing recommendations for improving the system. The central problem is to verify whether Brazilian criminal procedural legislation is in compliance with constitutional requirements, considering efficiency in the investigation and processing of crimes, guaranteeing the fundamental rights of accused and victims, and the adequacy of punishment mechanisms. The relevance of this study lies in the need to ensure the effectiveness of human rights in the criminal process, helping to identify points for improvement and strengthening criminal justice in the country