13
2019
IDP professor publishes article in the Brazilian Journal of Criminal Sciences
IDP professor and postdoctoral in criminal law, André Callegari, recently published the article “The historical relationship between the process of rights acquisition and the accusatory system in Brazil” in the Brazilian Journal of Criminal Sciences - RBCCRIM. The magazine is focused on scientific articles in the areas of criminal sciences, such as criminology, criminal law and criminal procedural law.
The Post-Doctor explains that “The importance was to demonstrate the achievements obtained with a process that meets the rights and guarantees of the accused. Where there is a process of parties in which the judge does not produce evidence but only directs the process. Although many authors support our system as the accusatory process, our Code of Criminal Procedure still has remnants of the inquisitorial system. Therefore, it is important to demonstrate that a process in the Democratic Rule of Law must be accusatory, respecting individual rights and guarantees with parity of arms between prosecution and defense.”
IDP encourages its teachers to produce scientific articles. “The IDP has a series of incentives that range from the formation of research groups where the professor has the full support of the institution to meetings and debates with students, which results in the possibility of joint publication not only with master's students and doctorate, but also with undergraduate students. Furthermore, there is a criterion to encourage publication based on merit in qualified journals in the area of Law” concludes the Professor.
Job summary:
The present study seeks to evaluate the relationship between the historical process of acquisition of civil, political and social rights by the Brazilian population and the evolution of the country's criminal procedural system. As in the case of Western societies, the Brazilian case presents a direct relationship between the process of acquiring rights and the criminal procedural system. However, in other Western societies the accusatory system emerged concomitantly with the acquisition of civil and political rights. In Brazil, this system arises when civil, political and social rights are affirmed in an unprecedented way in the Federal Constitution of 1988. This is the landmark in the proposition of the Democratic Rule of Law - here understood as a synthetic concept that encompasses the three spheres of rights. This relationship allows us to link the adversarial system in Brazil as a reflection of the Democratic Rule of Law.