Substantial Truth and the Impossibility of Conviction after Manifestation of the Public Prosecutor's Office for Acquittal
This paper defends the thesis that the criminal conviction of an accused after a plea of acquittal by the Public Prosecutor's Office in final arguments offends not only the accusatory principle, but also the right to an adversarial process. It is known that we already have an advanced debate on...
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| Language: | English |
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Instituto Brasileiro de Direito Processual Penal
2017-10-01
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| Series: | Revista Brasileira de Direito Processual Penal |
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| Online Access: | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/81 |
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| author | Rafael de Deus Garcia |
| author_facet | Rafael de Deus Garcia |
| author_sort | Rafael de Deus Garcia |
| collection | DOAJ |
| description | This paper defends the thesis that the criminal conviction of an accused after a plea of acquittal by the Public Prosecutor's Office in final arguments offends not only the accusatory principle, but also the right to an adversarial process. It is known that we already have an advanced debate on the constitutionality of article 385 of the Criminal Procedure Code, which treats the MP's final allegations as mere opinion and which allows the judge to convict the defendant even when the prosecutor requests the acquittal, so this article intends to contribute to the issue by demonstrating that this legal possibility has on its ground the substantial truth principle, unsustainable both from the epistemological and the political-juridical point of view. It is a fact that the accusatory principle prohibits the judge from replacing the accusation when it abandons any accusatory narrative capable of sustaining any conviction. |
| format | Article |
| id | doaj-art-924f8c21b5b54cc793b9e5a914b51d9d |
| institution | Matheson Library |
| issn | 2525-510X |
| language | English |
| publishDate | 2017-10-01 |
| publisher | Instituto Brasileiro de Direito Processual Penal |
| record_format | Article |
| series | Revista Brasileira de Direito Processual Penal |
| spelling | doaj-art-924f8c21b5b54cc793b9e5a914b51d9d2025-08-02T14:00:14ZengInstituto Brasileiro de Direito Processual PenalRevista Brasileira de Direito Processual Penal2525-510X2017-10-01331043107010.22197/rbdpp.v3i3.8159Substantial Truth and the Impossibility of Conviction after Manifestation of the Public Prosecutor's Office for AcquittalRafael de Deus Garcia0Universidade Federal de Lavras – Lavras/MGThis paper defends the thesis that the criminal conviction of an accused after a plea of acquittal by the Public Prosecutor's Office in final arguments offends not only the accusatory principle, but also the right to an adversarial process. It is known that we already have an advanced debate on the constitutionality of article 385 of the Criminal Procedure Code, which treats the MP's final allegations as mere opinion and which allows the judge to convict the defendant even when the prosecutor requests the acquittal, so this article intends to contribute to the issue by demonstrating that this legal possibility has on its ground the substantial truth principle, unsustainable both from the epistemological and the political-juridical point of view. It is a fact that the accusatory principle prohibits the judge from replacing the accusation when it abandons any accusatory narrative capable of sustaining any conviction.http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/81Artigo 385 do CPPVerdade realAbsolviçãoMinistério PúblicoContraditório. |
| spellingShingle | Rafael de Deus Garcia Substantial Truth and the Impossibility of Conviction after Manifestation of the Public Prosecutor's Office for Acquittal Revista Brasileira de Direito Processual Penal Artigo 385 do CPP Verdade real Absolvição Ministério Público Contraditório. |
| title | Substantial Truth and the Impossibility of Conviction after Manifestation of the Public Prosecutor's Office for Acquittal |
| title_full | Substantial Truth and the Impossibility of Conviction after Manifestation of the Public Prosecutor's Office for Acquittal |
| title_fullStr | Substantial Truth and the Impossibility of Conviction after Manifestation of the Public Prosecutor's Office for Acquittal |
| title_full_unstemmed | Substantial Truth and the Impossibility of Conviction after Manifestation of the Public Prosecutor's Office for Acquittal |
| title_short | Substantial Truth and the Impossibility of Conviction after Manifestation of the Public Prosecutor's Office for Acquittal |
| title_sort | substantial truth and the impossibility of conviction after manifestation of the public prosecutor s office for acquittal |
| topic | Artigo 385 do CPP Verdade real Absolvição Ministério Público Contraditório. |
| url | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/81 |
| work_keys_str_mv | AT rafaeldedeusgarcia substantialtruthandtheimpossibilityofconvictionaftermanifestationofthepublicprosecutorsofficeforacquittal |