A eficácia do contraditório no processo penal: atuação e legitimação para além da legalidade

Abstract

The study analyses the democratic effectiveness of the contradictory principle in criminal procedure. It is hypothesized that the contradictory principle in a Democratic state enable the defendant to act beyond the strict legality, enforcing one’s participation in criminal procedure. Conceiving the criminal procedure unique geometry characterized by an a priori inequality between parties, it will be demonstrated that the legitimacy of the Prosecution derives from the norm, being attached to legality, while the defendant legitimacy derives from the principle, which ensures its effective participation. The article is a legal-dogmatic research, of understanding-propositive type, developed as a theoretical investigation, prioritizing content analysis.