(h) The right not to be tried or convicted for illegally obtained evidence; Article 102(1) of CF/88 provided for the possibility of proposing the act of non-compliance by the authorities. Law 9.882 of 03/12/99 regulated the trial and trial of these argüição. It is the Brazilian counterpart of the German constitutional appeal. The refusal of the function of public defence lawyer to summary proceedings is a limitation of the defence It is the principle that guarantees everyone the right to a trial with all the stages provided for by law and all constitutional guarantees. If the basic rules are not followed, it becomes null and void. It is considered the most important of constitutional principles, because all the others flow from it. It results in a double protection of the subject, in the material and formal spheres, so that the individual receives instruments to act under conditions equal to those of the persecutor of the State. In this case, due process guarantees are divided into two types, namely substantive types and procedural types: (f) the right to have a lawyer in proceedings before a judge or court; What is striking is the manifestation of due process in various areas of the law. In administrative law, for example, the principle of legality is nothing more than an expression of the substantive procedural clause.
The basic principle of civil procedure is due process, a term derived from the English “due process of law” (art. 5, LIV CF/88). This involves all the procedural consequences that would guarantee litigants the right to a case and a fair verdict. (a) the right to an evidentiary procedure; Unfortunately, no direct defensive instrument of the fundamental rights of the Federal Constitution has been created in national law, covering the constitutional appeal of German law (which has a purpose other than the arrest warrant and maintains the need for a declaration of unconstitutionality by judges and lower courts). If the Constitution of 88 had explicitly established this principle of due process, the majority of the paragraphs of article 5 would have been absolutely unnecessary. While explaining the fundamental guarantees of due process is the right way forward, he stresses the relevance and importance of those guarantees that should guide public administration, the legislature and the judiciary. DA COSTA, Wellington Soares. Due process. Available in: . In the Brazilian legal system, the principle of due process refers not only to the principle of legality, but also to legitimacy, since its respect guarantees a well-structured process by which the legitimacy of the judiciary is present, understood as power, function and activity. The system itself allows the Supreme Court to rule directly on the constitutional aggravation caused by any harm. It is the prevalence of mens legis over mens legis that both prescribes and honors Brazilian citizenship.
Despite decisions to the contrary (STF, ADPF, 11-SP, Presidente Min. Carlos Velloso, 30/01/2001 DJV 06/02/2001). The concept of “due process” has evolved over time, and doctrine and jurisprudence have broadened the scope of the clause to allow for a flexible interpretation of the fundamental rights of the citizen. The importance of the principle of due process is such that it appears not only in the overwhelming majority of constitutions of sovereign countries, but also in the Universal Declaration of Human Rights and the American Convention on Human Rights. And this is called a guarantee of legality and administration. The guarantee of citizens against abuses of government power has already been identified as an expression of due process, which has been acquiesced by the exercise of political power. The definition of science itself dispenses with the information of principles. With the advent of the classical work of Oskar von Büllow (Die Lehre von den ProzeBeireden und do prozefvoraussetzungen – La teoria de lar excepciones processales), the procedure was elevated to the category of autonomous science independent of civil law. The Federal Supreme Court is the Federal Constitutional Court, although it does not have an excellent profile because it does not have the legitimacy to judge the constitutional questions submitted to it definitively and definitively.
The constituent elements of the Supreme Court are appointed by the President of the Republic without any criterion of proportionality or representativeness of the other powers. These are manifestations of “due process”, the principle of publication of pleadings, the impossibility of using evidence obtained by illegal means, as well as the natural judge`s assumption of adversarial and due process. Brazilian doctrine has deciphered the phrase “due process” with the enumeration of guarantees: To learn more about the principle of due process, visit DireitoNet. The Brazilian system is a faithful copy of the American system, in which the Supreme Court of the United States has declared that the judiciary can exercise review over the constitutionality of laws, including the famous Marbriry v. Madison case.
