Criminal Policies, Constitution and Criminal Proceeding: Reasons of Brazilian step out to Chaos Institutionalization

Abstract

Brazilian State faces a period of sharp legitimacy crisis in its criminal policy. This situation is evidenced by the absence of effective and preventive controls in public security, notably in large urban centers. So, on must analyze what a criminal policy means, its origins, content and goals. After having defined these assertions, on realized that there’s not real Brazilian criminal policies. On exposed main causes and consequences of the absence of Brazilian criminal policies, in order to conclude that the main obstacle to be overcome is the absence of legitimacy of public institutions that act in criminal sector. In the search of this lost legitimacy, the best legal assertion is fundamental principles of our present Constitution, completed by International Human Rights Treaties, inserted in our legal ordainment. With this epistemological basis, popular participation should be added to the formation of a criminal policy for criminal proceedings, according to foreign models, throughguidelines of principles established by the Legislative Power (delegating law or not) to be observed by a commission of technicians responsible for the drafting of a new Criminal Proceeding Code.