A controversial proposal still under debate is the regulation of the guarantee judge, which expands the possibility of defense
The report that foresees changes in the new Code of Criminal Procedure it can still be modified until the vote, which takes place this month. Currently, the text is pending in a Special Commission of the Chamber of Deputies and the next step is the analysis by the House plenary. The collegiate debate, since the beginning of the current legislature, changes that can speed up investigations and judgments. The president of the National Association of Public Prosecutors, Fábio George Cruz da Nóbrega, fears radical changes. “The investigation carried out by the police, by the Public Prosecutor’s Office, has all the regulations and here the opportunity for a parallel investigation opens up, without State control. I believe that we will open space to hinder the legitimacy of the work of obtaining evidence and I believe that this does not contribute to the success and agility of the investigations ”, he points out. Fábio George Cruz da Nóbrega agrees, however, that the new Penal Procedure Code needs to be updated.
The president of the National Federation of Federal Police, Luís Antônio Boudens, emphasizes the need for equal treatment in hearings. “There is always a search for equal treatment or positioning in these hearings in relation to the Public Ministry and the defense, whether the Public Defender or private lawyers. What matters in this case, which we have already noticed in many situations, is that the flow of the hearing depends a lot on the conduct of the judge and obviously on the equal treatment that is given to both the prosecution and the defense, which play the most important democratic roles within the criminal proceedings ”, he comments, defending the independent investigation by the Federal police. A controversial proposal still under debate is the regulation of the guarantee judge, which expands the possibility of defense.
* With information from reporter Nicole Fusco