The normative receptions measured by the CPP within the scope of the Federal Constitution

Abstract

This article aims to understand the effects on the legal system caused by the normative reception of articles from the Code of Criminal Procedure in view of the creation of the Constitution of the Federative Republic of Brazil of 1988, known as the "Citizen Constitution". Thus, from bibliographic analyzes, we started to study the historical roots of the Criminal Procedure Codes and the Federal Constitution itself, its social construction in Brazil, its meanings and incompatibility of the articles not received with the constitutional principles. In addition, it aims to understand how is the understanding of the Supreme Court on the subject, as well as the controversies caused by such normative reception. In this context, this article indicates where the historical transformations, both ideological and social, were responsible for the understanding of legislators and magistrates for the meaning or not of the potentially "outdated" rules of the Code of Criminal Procedure, which is already approaching its 82 years.