NOVOS E VELHOS PROBLEMAS DO PROCESSO PENAL: UMA DISCUSSÃO EM TORNO DO INFLUXO LEGISLATIVO E INTERPRETAÇÕES PELOS TRIBUNAIS

Abstract

This study examines legislative and jurisprudential changes in the Brazilian criminal procedure system to assess whether these modifications have contributed to its evolution toward an accusatorial model, aligned with the Federal Constitution, or if they still reflect inquisitorial traits—a legacy of the political, social, and cultural influences that shaped the 1941 Code of Criminal Procedure (CPP). Given its origins during the Estado Novo dictatorship and its strong fascist inspiration—including direct influence from the Italian (Rocco) Code, drafted under Mussolini’s regime—the CPP carries enduring authoritarian features. The research also analyzes rulings by the Brazilian Supreme Court (STF) to determine the extent to which this court upholds constitutional principles, as its jurisprudence has, in many cases, reinforced authoritarian practices. Additionally, the study discusses the content of legislative bills, such as PL 714/2023 and PL 4151/2020, to evaluate whether they represent progress or regression in relation to the accusatorial system. To achieve these objectives, the methodology employed includes bibliographic, jurisprudential, and legal analysis (add as necessary).In conclusion, while significant advances have been made in recent decades (e.g., Laws 11.719/08, 12.403/11, 13.964/19...), Brazilian criminal procedure still faces challenges in overcoming the authoritarian legacy inherited from the 1940s. This requires not only legislative reforms but also a cultural and interpretive shift within courts and among legal actors to consolidate a truly democratic system in line with fundamental rights.