Do inquisitorialismo à consolidação do sistema acusatório no Brasil: uma análise crítica das soluções qualitativas diante da transição inacabada do Estado Democrático de Direito

Abstract

This study presents a discussion on the need to find solutions to overcome the inquisitorialism in Brazil and the consequent strengthening of the accusatory system, adopted by the Federal Constitution of 1988, in relation to the unfinished transition of the Democratic State (understood as a synthesis concept among civil, political and social rights). The sustained argument is that there is a direct relationship between transformation of states, the historical process of acquiring rights by the population, the constitutionalism and the criminal justice system. Firstly, the study presents an analysis of the Western model seeking to understand how the above relationship occurred in Western in general terms. Subsequently, the second chapter presents the specific case of Brazil, and investigate, in the light of a sociological and constitutional perspective, the relationship between the historical process of rights achievement and the trajectory of the criminal justice system in the country – differentiating it from the Western model and making room for a wider definition of the accusatory system that involves the synthesis of the three pillars of the Democratic State. The accusatory system thus comes to be seen as a reflection of the Democratic State. Finally, the third chapter presents the shortcomings of the democratic rule of law that seem to reflect the difficulties encountered in the criminal court system, including the problems of overcoming inquisitorial remnants. Therefore, one intends to present solutions, particularly qualitative, for the improvement of the accusatory system in Brazil in its civil, political and social spheres.