Analysis of the Changes Introduced in Criminal Procedural Legislation: Procedures

Abstract

The article critically examines the changes introduced by Law No. 11.719/2008 into Brazilian criminal procedural legislation, focusing on procedures, suspension of proceedings, emendatio libelli, and mutatio libelli. The author acknowledges some specific improvements, such as the provision for a minimum amount of civil compensation for damages caused by the offense and the introduction of service of process at a designated time, but argues that, as a whole, the reform undermined the procedural speed it was intended to achieve. Particular attention is given to the creation of a preliminary phase between the acceptance of the charge and the merits stage, understood as a true judicium accusationis, with a written response by the accused and the possibility of summary acquittal, which, according to the article, tends to prolong criminal proceedings. The text also analyzes the changes to ordinary and summary procedures, the concentration of evidence in a single hearing, the strict order of evidentiary acts, the adoption of the principle of the physical identity of the judge, and the system of oral final arguments or written memoranda. In conclusion, the author argues that, despite some technical improvements, the reform predominantly favored the defense, increased procedural complexity, and delayed criminal adjudication, to the detriment of the effectiveness of criminal prosecution and of society’s expectations of justice.