ACESSO À JUSTIÇA NA PERSPECTIVA DA CONSTITUCIONALIZAÇÃO DO PROCESSO PENAL

Abstract

The study analyzes the access to criminal justice, treating its specificities according to the constitutional framework of the criminal procedure, which represents an instrument of guarantee and limit to the criminal prosecution. To this end, an initial approach is made to the constitutionalization of the legal system, since it is necessary to understand why the criminal process has been shaped by constitutional norms. In sequence, the criminal procedural model is analyzed from its constitutional instrumentality and the principles applicable to the State-accused relationship, among which access to justice will be highlighted. To this extent, general notions are presented regarding the historical evolution, the content and the constitutional parameters, in order to, in a more specific incursion, deal with access to justice in the criminal process, with its own parameters, distinct from those of the civil process. It is concluded that access to criminal justice is directly related to the subjective balance in the process and the strengthening of the individual as the subject of rights, in an emancipatory way, mainly from the accessibility to legal information and the qualified understanding of their rights and duties.