Revista Brasileira de Direito Processual Penal 

About: Revista Brasileira de Direito Processual Penal is an academic journal published by National Council for Research and Postgraduate Studies in Law. The journal publishes majorly in the area(s): Criminal procedure & Computer science. It has an ISSN identifier of 2359-3881. It is also open access. Over the lifetime, 146 publications have been published receiving 206 citations.

The Constitutionality of Parallel Civil Forfeiture Proceedings and Criminal Prosecutions under the Double Jeopardy Clause in the United States

Abstract: In the Unites States the existence of statutes that allow to declare forfeiture of the property used in certain prohibited ways in civil proceedings without the general safeguards of criminal law is an extended legal practice This parallel law enforcement system, however, has raised several constitutional discussions One of these debates concerns the compatibility of the parallel system with the double jeopardy clause: does the double jeopardy clause bar the government from bringing a civil forfeiture proceeding against a defendant that has previously been convicted in a criminal court for the same offence? The aim of the present article is studying the evolution of the case law of the Supreme Court of the United States on the constitutionality of parallel civil forfeiture proceedings and criminal prosecutions under the double jeopardy clause, analysing the current state of the jurisprudence and its possible further developmentsÂ

Policies of International Friendship in Judicial Cooperation in Criminal Matters: The Non-Extradition of Brazilian and Portuguese Nationals to Third States – A Comparison with EU Law

Abstract: This article addresses different implications of nationality in international cooperation in criminal matters, especially in extradition law. Most States, particularly of the civil law tradition, have a longstanding practice not to deliver their own citizens to foreign criminal justice systems. This article begins by reviewing the rationales of the classic nationality exception and contrasts it with the approach of States of the common law tradition, which have no objections of principle to extraditing their own nationals. It then looks into the extradition relations between Brazil and Portugal, following which it provides a brief critical appraisal of the adequacy of the nationality exception in an increasingly globalised world. With these foundational issues settled, the article moves on to questioning what are the effects of interstate affinity upon extradition. It concludes that, in addition to (immediate or direct) effects between the States involved, affinity can also have meaningful (indirect) implications to third States: States which are linked by peculiar (historical, legal, political) bonds sometimes refuse to extradite each other’s nationals to other States. In this regard, the article analyses of the state affairs among the Member States of the European Union following the groundbreaking case law initiated by the Court of Justice in 2016, and compares this recent legal development with the regime that has been in place between Brazil and Portugal since 1971.

Garantias legais contra confissões criminais coagidas na Polônia e na Rússia

Abstract: Criminal confession is a powerful and highly incriminating piece of evidence. An authentic inculpatory confession can be a fertile source of new evidence known only to the actual perpetrator. It helps the prosecution to build a stronger case against the defendant in a situation where only circumstantial evidence is available. In some cases, such as no-body homicides and wild-land arson fires, it is difficult to prove the defendant's participation and guilt without his willing and full cooperation. All of this explains why in the era of advanced forensic techniques criminal investigators are keen to obtain confessions using a variety of tactics. Studies show, however, that some interrogation techniques are more likely to induce false confessions, which, in turn, increase the likelihood of judicial errors. From a human rights perspective, the European Court of Human Rights has expressed serious concerns about the use of evidence obtained through violence, coercion or torture but has been unable to establish the balance between efficient law enforcement and adequate protection of individual rights. In the article, legal provisions against improper police compulsion in Poland and Russia were analyzed. It appears that each country applies a different approach to the issue of police coercion . In Russia, the law provides specific rules on the admissibility of criminal confessions, their evidentiary value, and methods of verifying the reliability of suspect’s testimony. In Poland, the law confers a wider discretion on the domestic courts as to how to deal with confession evidence and the allegations concerning the use of coercive interrogation techniques. Based on the results of the analysis of pertinent legal provisions, case-law and legal doctrine, the authors aimed to determine the effectiveness of two models in preventing and dealing with coerced criminal confessions. Several changes were suggested to address the issue of excessive judicial formalism concerning the allegations regarding the use of unlawful interrogation techniques.

Tribunal do júri virtual: em busca da harmonização entre as soluções emergenciais ocasionadas pela pandemia do novo coronavirus e a observância dos preceitos constitucionais

Abstract: The Brazilian Judiciary has sought to promote the appropriate adaptations to the changes caused by the new coronavirus (Sars-CoV-2), with the holding of hearings and several other procedural acts, using videoconferencing instruments. This article addresses the proposal of the National Council of Justice (CNJ) for virtualization, during that period, of the sessions of the jury court, in the light of the constitutional precepts on the matter. The problematization focuses on the search for harmonization between the emergency solutions that arose in the pandemic context with the guidelines included in Recommendation nÂo 62/2020 of the referred internal control body of the Judiciary. Various issues are discussed, with emphasis on the constitutional debate, on criteria related to the jury's court, such as the argumentative prejudice, the prominence of the special procedure and the applicability of the legal provisions of videoconferencing to the rite under analysis, in addition to those related to secrecy of the votes and the incommunicability of the jurors, with notes for not incarceration measures. Based on a methodology based on a review of specialized literature, with a qualitative approach, a critical judgment is formulated about the constitutionality of the intention to virtualize the jury's special procedure, a proposal that took place especially under the adequate pretext of effect of the constitutional principle of reasonable duration of the process.

Los estándares de cientificidad como criterio de admisibilidad de la prueba científica

Abstract: Applied sciences are increasingly used by the judicature as the primary means of access to knowledge of the facts under investigation or prosecution. This is evidenced by the fact that there is a growing number of evidence gathered through investigation methods that are based on forensic sciences. However, the legislation does not contain guidelines to identify which tests deserve the qualification of scientific and which do not. The main cause of this omission seems to be rooted in the inexistence of a legal concept of science, which is necessary to delimit the form and content of scientific evidence. Only in American jurisprudence can certain criteria be found to determine the scientificity of the evidence. These criteria are known as jurisprudential standards of scientificity and have a clear heterogeneous character, since they integrate elements from different notions of science. Through the analysis of such standards of scientificity it is possible to appreciate the role of law in shaping the concept of science. Thus, far from considering the law as a mere passive receptor, it may be understood as an instrument of creative interaction that uses and modifies scientific knowledge according to its own requirements.