Os princípios norteadores do devido processo legal penal

Abstract

The objective of this monograph is to analyze the guiding principles of Legal Constitutional Due Process. The “Due Process of Law” is a superprinciple related to some indispensable rules for a just and legally bounding process. Among these rules are: legality, ample defense and contradictory, presumption of innocence, “in dubio pro reu”, natural judge and publicity and the process not abiding to these rules may be total or partially nullified. Although called Due Process of Law, these principles are not restricted to process but are applied to penal administrative sphere as well, e.g. Process Sursis and Police Inquiry. The Legal Constitutional Due Process is essential for a democratic state and a process, specially penal, not abiding to these rules is a grave menace to human dignity and the fundamental human right of freedom.