LEI MARIANA FERRER: limitação do direito à ampla defesa?

Abstract

The edition of Law 14.245/21 brought changes to the Brazilian Penal and Criminal Procedure Code aiming to protect the dignity of the parties in criminal proceedings. However, this protection may represent limitations to the exercise of a broad defense, since the mechanisms introduced may impose limitations on the right to produce evidence. The study sought to answer the question: does art. 400-A of the CPP, introduced by the Mariana Ferrer law, limit the broad defense? To do so, it aimed to analyze the theme in the light of the theory of penal garantism and of the process as a contradictory procedure, besides the study of some principles and penal guarantees, among them the dignity of the human person, the ample defense, the contradictory procedure and the right to the production of evidence. The aim was to demonstrate how the magistrate, who is the recipient of the evidence, forms his or her opinion. The idea was also to study crimes against honor (dignity) and the possibility of applying the law of psychological violence and accountability for offenses committed in court. We tried to verify the impact of this limitation on the lawyer's performance in the defense of his client. In view of the theme and the objectives, we used bibliographical research and court decisions to answer the questions. The conclusion was that, although the literal wording of article 400-A of the CPP, introduced by the Mariana Ferrer Law, apparently represents a limitation on the broad defense by the parties, this does not occur, since the instruments brought by the law already have legal and jurisprudential support.