Direito processual penal principiológico: a legitimidade social do direito

Abstract

In order to explain the Principiologic Criminal Procedural Law, result of my professional experience as a magistrate and a law academician, as well as my inquietude from the evidence of the distance between the criminal procedural law and the proper law of values and interests of the society, I have searched the necessary elements for my proposal on my professional and academic act to bring the reflection upon the relevance of the usage of the principles in law. A brief study about the principles formation through the man and his interpersonal interaction is going to take place bringing the reflection upon the relevance of the use of the principles in law by taking into consideration the society idea, State, with examples of moments in different civilizations. This leads to a justifying context of a criminal procedural law based upon principles, followed by a retrospective of the historical evolution of this law. The thesis development with my observations comes after that; in order to bring a contribution to the criminal procedural law to be responsive to the society, with the outcome of its social legitimacy besides its effective legality. Next, there are comments about principles informers, expressed and permanent in the Federal Constitution text applied to the criminal process directly or indirectly leading to the possibility of the use of these principles as ethical limits particularly in the creation and application of the criminal procedural norm