Análise acerca da citação por hora certa no processo penal e sua inconstitucionalidade

Abstract

The theme of this monograph is the (un)constitutionality of the citation by the right time in the Criminal Procedure. Therefore, a bibliographic review and jurisprudential analysis of the subject were carried out with the proposal of seeking to understand the constitutionality of this citation modality. With the accomplishment of this analysis, it was possible to verify that the citation by the right time in the criminal process is not addressed satisfactorily in the doctrine, and its application is unconstitutional, since it relativizes the right of the accused to be present in his process and considers the defense technique as a guarantor of procedural validity. In addition to this aspect, it was noticeable through the analysis of bibliographic and jurisprudential productions, to apprehend that these, for the most part, portray the modality of citation by the right time only from what is positive in the order without considering the specificities that may exist in the concrete case that only the positive rule does not cover, causing damage to the defendant.