Revista Eletrônica de Direito Processual (Apr 2019)
THE PROBATING ILLICITITY RESULTING FROM THE VULNERATION OF THE DUE PENAL PROCESS AND THE CONSTANT SEARCH FOR THE "EFFICIENCY" PROCESS
Abstract
The probability of production is essential in a criminal proceeding and its regulations, as well as its purposes, vary according to the current procedural model and, mainly, the way of designing the process. In a process ruled by legality and supported by constitutional and conventional dictates as procedural forms they acquire the status of fundamental guarantees and, therefore, can’t undergo relativizations even in the name of efficient and utilitarian arguments.
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