A mitigação ao princípio do prejuízo como reforço ao processo acusatório.

Abstract

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.