A aplicação do princípio da vedação à decisão surpresa a Emendatio Libelli

Abstract

The present work has as its main objective to demonstrate the incompatibility of article 383 of the Criminal Procedure Code, which disciplines a penal code, with the system of criminal prosecution, mainly regarding the adversarial principle, and proportion of such problem is solved with the application of the provisions of Article 10 of the Code of Civil Procedure in such situations. In this context, we hypothesized that Brazilian criminal proceedings do not apply the application of contradictory to questions of law, restrictions or coverage of the aforementioned Principle as factual matters, so that the legal aspects of the decision are taken solely by the judging body, without any prior discussion between the parties. For the development of this research, use the hypothetical deductive method, including generic types of legal, adopted or prospective legal research. Employ exploratory research by conducting bibliographic searches. From such an approach, the first chapter differentiates between the accused and inquisitive criminal systems, as well as analyzes the wording of Article 383 of the Criminal Procedure Code, and its developments. The second is to devote to the new system of valuation of evidence and the principle of surprise sealing, innovations brought by the Code of Civil Procedure, and a possibility of application of such legal prohibitions, based on article 3 of the Code of Criminal Procedure. Finally, the third chapter deals with the principle of the correlation between prosecution and sentence, in addition to the possibility of applying Article 10 of the Civil Code of Procedure in the scope of the libelli publication, as a way of enabling or contradicting the relationship as questions of law.