THE INDICTMENT DECISION AS A PROCEDURAL FILTER: LEGAL REQUIREMENTS AND EFFECTIVENESS CRITERIA

Autor: Fernando Martinho de Barros Penteado
Jazyk: English<br />Spanish; Castilian<br />Italian<br />Portuguese
Rok vydání: 2021
Předmět:
Zdroj: Revista Eletrônica de Direito Processual, Vol 22, Iss 2, Pp 268-301 (2021)
Druh dokumentu: article
ISSN: 1982-7636
DOI: 10.12957/redp.2021.50523
Popis: This work analyzes the indictment decision carried out in the first stage of the jury procedure. The indictment decision acts as a procedural filter reducing the risk of wrongful convictions by the jury. Through bibliographic review, the work will address the problem of how this expected function can be fully achieved. In order to perform substantially, it is necessary to properly understand the legal requirements of the indictment decision and to adopt certain effectiveness criteria, such as the adversarial principle, immediacy and the support in the concept of standards of proof.
Databáze: Directory of Open Access Journals