Conflicts related to parity of arms: analysis of the imbalance between prosecution and defense

Abstract

In the present time, it is possible to clearly perceive the existence of the imbalance of arms between prosecution and defense, since it is possible to identify the supremacy of the one over the other. In this context, there is a violation of the principle of parity of arms, as well as other principles, such as isonomy, contradictory and due process of law. In the factual situation, it is known that the Public Prosecutor's Office, although acting as part of the process, has prerogatives to which the defense does not have access. Thus, this research aims to analyze the discrepancy between the arms of the prosecution and defense. Thus, the factual point of the research sought to show the reader all the consequences that are caused by the non-observance of parity of arms, provided for in Article 7 of the Code of Civil Procedure and applicable to the Brazilian criminal process as explicit more precisely in its Article 3 of the Code of Criminal Procedure.