A influência garantista na reestruturação da produção normativa penal e processual penal.

Abstract

As the source of changes in society, the role of law, as a form of social control, it should adapt its concepts and criteria for such changes. In this new thing rolling, the importance given to the fundamental rights of men is increasingly present, allowing the necessary survival and security of individuals and enabling the restriction of the state action, which must be addressed for the protection of those rights, allowing the practice in legal. The Criminal Law by focusing on freedom of the citizens need to answer in their application, the new social reality and importance of patent rights, and for this, it is guided by new trends, among them the theory it guarantees and his concern for the protection of those rights . In that sense, this work is aiming to demonstrate that the lack of observation of fundamental rights in the current penalty system, causes much of its inefficiency in the protection of society against crime increasing. For both developed strong search doctrinaire and is used traditional methods of scientific research, such as exegetic-legal, the literal, deductive, systematic, necessary for the scientific refuge in the exposure of the subject. There was a possible resolution to this problem, it would be adoption of a policy minimalist and it guarantees, with its fundamental legal protection to goods and refuge fundamental principles and rights, and the valuation of respect for the dignity of the human person, put into practice through a new role given to the power of the court judges, the new technique and a new legislative aspect it guarantees assigned to the criminal proceedings, as has been occurring for example with the creation of Judgment Criminal, the new law of heinous crimes and the new vision of the interrogation as a means of defense. The way of conclusion, whether it is necessary to use in life practices of the penal system, a trend based on the respect of constitutional guarantees, demonstrating, in legislative technique current and future compliance with the individual, and the adoption of an ideal protector.