A dignidade da pessoa humana como princípio constitucional estruturante do processo penal.

Abstract

This research deals with human dignity as a constitutional principle structuring of criminal procedure. The human dignity is an issue which has caused controversy in the Brazilian legal scenario. Thus, it becomes indispensable to its study in comparison with the prosecution, since the latter is the instrument for the achievement of criminal law, whose conformation, by virtue of the constitutional principle of structuring human dignity, should also serve to protection of the dignity of the accused. Thus, the constitutional legislator recognizes that the "human dignity" support the principle of our legal system, overlapping, the very existence of the state, because it exists because of the person which does not happen with the reverse. Will be shown during the work that human dignity underlies the entire legal system, being above any other principle, serving as a means of interpretation to all other rights and guarantees of full and absolute. In addition, it will observe the constitutional principle of human dignity, stands as a structuring principle of modern criminal procedure. And finally, it is an invitation to reflect on the importance of the principle of human dignity as a sine qua non for understanding criminal procedure today.