Obrigações processuais penais positivas e o princípio da plenitude da tutela da vida no tribunal do júri

• Ano de defesa: 2022
• Autor(a) principal: Pereira, Jorge Paulo Damante
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Mato Grosso; Brasil; Faculdade de Direito (FD); UFMT CUC - Cuiabá; Programa de Pós-Graduação em Direito
• Palavras-chave em Português: Direitos humanos; Bens jurídicos fundamentais; Obrigações processuais penais positivas; Plenitude da tutela da vida; Tribunal do júri; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Human rights; Fundamental legal assets; Positive criminal procedural obligations; Fullness of the guardianship of life; Jury court
• Link de acesso: http://ri.ufmt.br/handle/1/6213

The present work intends to demonstrate that the positive criminal procedural obligations imposed in the Brazilian State dialogue directly with the principle of protection of the fullness of life in the Jury Court, and that this requires an interpretation of criminal procedural laws that also focuses on the violation of fundamental rights of victims when it comes to intentional crimes against life. To reach this understanding, it was initially assumed that the consolidation of Human Rights, expressed by the principle of human dignity, is the main mark of the Democratic State of Law and should guide the entire interpretation and application of the treaties, international human rights, the Constitution and the laws that make up the legal system of the State, including Criminal Law. It is argued, in this perspective, that an effective criminal protection is essential for the protection of human rights and fundamental rights, which implies the prohibition of excess in the exercise of the right to punish and the prohibition of deficient protection of fundamental legal interests of crime victims. It is recognized that the American Convention on Human Rights imposes positive criminal procedural obligations on Member States, embodied in the aforementioned effective and efficient criminal protection of human rights. It is also denounced that Brazil is failing to comply with these obligations, especially with regard that refers to the protection of the right to life. As for the protection of it, which is the most fundamental of all human rights, the work incorporates the thesis that the 1988 Constitution harbors the principle of full protection of life in the Jury Court, which is fully in line with the central idea of positive criminal procedural obligations. The research is concluded by the doctrinal and jurisprudential analysis of some current and quite controversial issues of the Jury Court, presenting the interpretation that the author understands it according to the positive criminal procedural obligations of the Brazilian State and the principle of full protection of life in the Jury.