This paper discusses the implications of a adolescent deposition at the presentation
hearing in the investigating procedure of a crime commited by him, and the applications
of the adversarial principle and legal defense. It is a modern legal institute in brazilian
law, in order to analyze the aforementioned procedure, sought to make a parallel with
the constitutional guarantees and international treaties and declarations ratified by
Brazil, and also the forms of application already adopted in criminal proceedings.
Therefore, it was necessary to approach the handling of children and adolescents from
the historical and normative perspective; present the investigating procedure’s steps
of crimes commited by a minor, demonstrate the presentation hearing as a specific
institute in the juridical area dedicated to children and adolescent, correlating with
effectuation of constitutional guarantees in that step. We begin with a deductive
approach by bibliographic and documentary research. That said, it was found that the
Constitution is clear when determines the adversarial principle and legal defense
in the brazilian legal system. It was also observed that the Code of Criminal Procedure
during its term adapted to the changes adhered to in the new constitutional system,
molding itself for this. It turns out, that the adolescent deposition at the presentation
hearing in the investigating procedure of a crime commited by him, as a first step, go
against the constitutional principles and guarantees already enshrined.
|
