A evolução histórica do processo penal como sistema inquisitório no Brasil

Abstract

This paper focuses on the historical roots of the Brazilian criminal justice system, which is based on an inquisitorial model. Historical analysis shows that criminal procedural law based on this system is undemocratic in that it reifies human beings and reflects a clear political choice. The main objective is to examine the forgotten Brazilian roots of the criminal justice system in today's world. After all, although it is a cliché, the phrase “a people who do not know their history are doomed to repeat it” is true. However, considering the dense, murky, and unexplored waters of criminal procedure, we will delve into the historical evolution of the criminal procedural system that surrounded (and surrounds) those who live here, formerly known as the Island of Vera Cruz. The justification for the research lies in the concern with the frequent confusion between the accusatory and inquisitorial models, especially in view of the new Article 3-A of the Code of Criminal Procedure. The research adopts a qualitative methodology based on a literature review (with a national focus). The selection will be based on the main historical sources from the Western world that are relevant to Brazil. The research concludes that, although there is a constitutional-conventional theoretical framework and a new legal provision indicating that the Brazilian criminal process is based on the accusatory system, adherence to this model requires much more than simple normative provisions. The study shows that it is not easy to overcome a millennial bureaucratic model that serves the authoritarian interests of those in power and that, in Brazil, the continued existence of inquisitorial roots prevents real progress toward an effectively democratic criminal procedure