LIMA, I. W. P. O.; http://lattes.cnpq.br/0260441442917950; LIMA, Ítalo Wesley Paz de Oliveira.
Resumo:
This research focuses its scientific object of study in the need to mitigate the loss on
the principle of nullity in respect of criminal procedural law. The investigation of the
completion of course work was guided by the following objectives: to demonstrate the
inadequacy of applying the principle of injury in the reality of absolute nullity of
nature, noting the harmfulness brought about by the application of the injury to the
declaration of nullity of matrix absolute , which depend on demonstration of prejudice,
and demonstrate the need for changing the system of criminal justice process
annulments, before the new guarantees of criminal proceedings that were accusatory
in nature brought about by the 1988 constitutional order. The research consists in
theoretical terms, the works of renowned national scholars. The scope of the
proposed activity, appeared to use appropriate methods of bibliographic and legalexegetical.
It should be mentioned that the issue will be discussed in the course of
this work has great relevance to the extent that this Code of Criminal Procedure is
relevant for changes and case law is hinting that it will continue to apply the need to
demonstrate injury to declare the nullity of procedural acts, even if this is an absolute
nullity. Finally, if you contemplate the end of this paper briefly discusses the possible
effects that may occuring extra processuals through the application of the principle of
the injury, focusing on the arguments of lawyer liability for loss of a chance.