Garantismo penal: em busca do processo penal democrático e imparcial

Abstract

The 1988 Federal Constitution brought with it a set of Fundamental Rights. Among them, the due legal process, which is a prerequisite for the deprivation of liberty. In this perspective, the Citizen Charter has as one of its pillars the Dignity of the Human Person. This dignity will only be achieved if it is reflected in the entire legal system, and especially in the practical application of the norm. The present work aims at understanding Luigi Ferrajoli's Garantist Theory. The intention is how the observance of the self, can assist in ensuring a fair Criminal Procedure, reflecting the Magna Carta. For a better treatment of the objectives and a better appreciation of this research, it was observed that it is classified as exploratory research. The need for bibliographic research was also detected. We sought to make use of already elaborated materials, such as books, scientific articles, magazines, electronic documents and encyclopedias, in the search for and allocation of knowledge about Luigi Ferrajoli's Garantist Theory. The intention is to question its effectiveness, correlating such knowledge with approaches already worked on by other authors.