A VERDADE, O JUIZ E O MODELO ACUSATÓRIO: ALGUMAS CONSIDERAÇÕES SOBRE O ART. 3º-A DO CPP

Gilberto  Azevedo de Moraes Costa

A VERDADE, O JUIZ E O MODELO ACUSATÓRIO: ALGUMAS CONSIDERAÇÕES SOBRE O ART. 3º-A DO CPP

Authors

Gilberto Azevedo de Moraes Costa

Abstract

The text deals with the structural changes undergone by criminal procedure due to Law 13.964/19 and how the Brazilian Supreme Court (STF) decided on the matter during the judgment of ADIs 6,298, 6,299, 6,300, and 6,305. It analyses the evolution of Brazilian legislation from the 1832 Code to the promulgation of that law, discussing whether there is a connection between the accusatory model and democratic regime, as well as whether there was any influence from a police ideology in the elaboration of that legislation. The objective is to demonstrate how the role of the judge in conducting the process should currently be understood and what their investigative powers are, pointing out the purpose of their performance and how it is carried out.