MEDEIROS, J. C.; http://lattes.cnpq.br/1391907023565560; MEDEIROS, Jordânia Carlos de.
Résumé:
The Drug Law, N.º 11.343/2006, in Article 55 provides that when the Public Ministry offers
a complaint, the taxpayer can immediately present the preliminary defense, argue
preliminaries, present evidence, list witnesses and present exceptions, if necessary. The
problem occurs when the magistrate fails to observe this procedural act expressly
provided for and the courts and jurisprudence decide to validate this procedural
unusuality. The fact that the judiciary itself validates the violation of rules which they are
bound to comply with causes several problems not only in the criminal procedural field of
the legal system, such as the violation of constitutional rights and guarantees, such as
due process, contradictory and broad defense but it also generates the opening of criminal
cases that should not have been formed and arrests that should not have been carried
out, encouraging over-incarceration. When constitutional violations occur in the
procedural field, it is necessary to apply sanctions in a kind of system of judicial selfregulation, implemented through the nullities institute, which aims to remedy defective
acts that generate losses and are atypical, occurred during criminal prosecution.