BREVES APONTAMENTOS SOBRE A APLICAÇÃO DO INSTITUTO PAS DE NULLITÉ SANS GRIEF NO PROCESSO PENAL BRASILEIRO PELO SUPERIOR TRIBUNAL DE JUSTIÇA

Abstract

This work aims to address the application of the procedural institute Pas de nullité sans grief by the Superior Court of Justice (STJ) through a brief analysis. For this, basic, descriptive and qualitative research methods were used with a bibliographical research procedure, through books, academic articles, legal provisions and national jurisprudence. Also seeks to demonstrate that the theory of harm should not be used as a burden on the part claiming nullity, but rather that the judge should demonstrate that there was not enough damage to recognize nullity. As well as the need to adopt requirements that help the judge in identifying a presumed injury to the rights of the party will also be raised. In addition, it will be briefly analyzed jurisprudence of the Superior Court of Justice that prove the need to change the way of applying the institute object of this present in order, in the end, to respond to the proposed premise and understand whether the way of using the instrumentality of the forms and the theory of prejudice is wrong and inconsistent with the constitutional precepts, with the origin of the institute and with the doctrine itself.