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

Authors

  • Emanuell Abrantes Soares de Lima Universidade Federal de Campina Grande
  • João Vítor Fernandes Universidade Federal de Campina Grande
  • Agílio Tomaz Marques Universidade Federal de Campina Grande
  • Hugo Sarmento Gadelha Universidade de Marília
  • Rosana Santos de Almeida Universidade Federal de Campina Grande

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were responsible for the understanding of legislators and magistrates for the meaning or not of the potentially "outdated" rules of the Code of Criminal Procedure, which is already approaching its 82 years.

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Published

2023-07-24

How to Cite

Emanuell Abrantes Soares de Lima, João Vítor Fernandes, Agílio Tomaz Marques, Gadelha, H. S., & Rosana Santos de Almeida. (2023). The normative receptions measured by the CPP within the scope of the Federal Constitution. Revista Brasileira De Direito E Gestão Pública, 11(3), 994–1.005. Retrieved from https://gvaa.com.br/revista/index.php/RDGP/article/view/9897

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