Entre forma e prática criminal no campo jurídico: trocas simbólicas e nulidades processuais penais na primeira década de vigência do Código de Processo Penal (1942-1951).

• Ano de defesa: 2022
• Autor(a) principal: Castro, Helena Rocha Coutinho de
• Orientador(a): Mello, Marília Montenegro Pessoa de
• Banca de defesa: Rosenblatt, Fernanda Fonseca, Batista, Gustavo Barbosa de Mesquita, Santos, Hugo Leonardo Rodrigues, Budó, Marília de Nardin, Araújo, Marcelo Labanca Corrêa de
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Católica de Pernambuco
• Programa de Pós-Graduação: Doutorado em Direito
• Departamento: Departamento de Pós-Graduação
• País: Brasil
• Palavras-chave em Português: Teses; Processo penal - Brasil; Nulidade (Direito); Poder judiciário; Direito - História
• Palavras-chave em Inglês: Theses; Criminal Procedure - Brazil; Nullity (Law); Judiciary; Law - History
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://tede2.unicap.br:8080/handle/tede/2006

This study aims to detail the functioning of the criminal justice system during the first ten years (1941-1952) of the Criminal Procedure Code, focusing on the application of the theory of nullities in criminal proceedings within the legal field. The focus on nullities was chosen as a key aspect for analyzing the significance of criminal procedure within the discipline, as nullities are a consequence of disregarding the legally established form. To achieve this, Pierre Bourdieu's theory on the functioning of social fields was used as a reference. The methodology for analyzing historical sources followed micro-historical approaches, including detailed descriptions of sources, contextual identification, and recognizing the voices present in the documents. The research body comprised criminal procedure manuals published from 1942 and Supreme Federal Court rulings on nullities from 1941 to 1952, totaling 143 selected decisions. The analysis of the doctrine revealed the importance of foreign references in validating the circulating theses. It was noted that the authors considered nullities as a significant obstacle to the proper functioning of the process, recommending their handling with the utmost caution. Pure formalism, without considering its social function, was viewed as an outdated application of legal rules. Conversely, criminal procedure was seen by scholars as a means of crime prevention and societal protection. Regarding the Supreme Federal Court Justices, it was observed that the primary characteristic of the flow of nullities was the non-recognition and maintenance of convictions; political shifts between authoritarianism and democracy did not alter this trend. The primary argument for nullities was the constitutional remedy of habeas corpus. The crimes reaching the Court were everyday offenses within the criminal justice system, notably more serious ones that necessitated formal proceedings following arrest. This indicates that most arrests for investigation and minor offenses at the time did not reach the Court's examination, not even through habeas corpus. In conclusion, the main characteristic of the criminal justice system during the studied period is its ability to absorb procedural violations and uphold arbitrary detentions. These outcomes were produced through the legal logic of emphasizing the scientific nature of its actions, regardless of the historical and political context. The strategy adopted was to silence the everyday occurrences in the justice system or justify the disregard for legal form based on the principle of harm.