Decisão do STF nas ADC 43, 44 e 54 e a tentativa de Legislative Override no Congresso Nacional : Análise dos riscos de fragilização das garantias processuais no sistema acusatório brasileiro.

Abstract

Regarding the problem of the present research, it was clarified how the legislative override by the Brazilian parliament - with regard to the judgment of ADC 43, 44 and 54 by the STF - can weaken the procedural guarantees in the Brazilian accusatory system. As a method of approach, the dogmatic model was used, with a hypothetical-deductive bias and a method of procedure with a bibliographic and documentary character, with the objective of studying an exploratory nature, which may serve as an aid for further research on the subject. When studying the objectives of PEC 199/2019, it was concluded that it is a manifestation of an attempt at a "legislative overcoming", which aims to reverse the decision of the Federal Supreme Court, in order to legally shape it. via the legislative process. the art. 283 of the CPP is quite clear in allowing arrest only in specific cases. In one of these hypotheses – when a condemnatory criminal sentence becomes final –, part of the STF ministers try to relativize this constitutional guarantee, making the person of the accused even more vulnerable in the context of the criminal process. In this context, institutional dialogues were presented as an important instrument for strengthening the institutions of the Republic, which primarily seek to avoid unnecessary wear and tear. Therefore, public hearings can be used as alternatives to carry out the proposed dialogue. The risks of weakening procedural guarantees in the Brazilian prosecution system, the effect of legislative overcoming and institutional dialogues represent an important field of study. This monographic work also serves as a first look at the issue.