A (in)compatibilidade da plenitude de defesa no tribunal do júri e as modificações advindas da “lei Mariana Ferrer” (lei n.o 14.245/2021)

Abstract

The present study aims to analyze the complexity between the fullness of defense in the Jury Court and the dignity of the female victim defended in the legislative innovation called Mariana Ferrer (Law n.o 14.245/2021). To this end, the criminal procedure will be addressed when Decree-Law n.o 3.689 of October 3, 1941, current Code of Criminal Procedure, was created, and its adaptations with the advent of the Constitution of the Federative Republic of Brazil to the present day. In addition, the creation process of the Mariana Ferrer Law will be seen, the commitments of this law in guaranteeing the dignity of the female victim and its impacts on the right of full defense of the accused to the Jury Court. Finally, the analysis of the compatibility of the Mariana Ferrer Law with the fullness of defense will follow, based on the guaranteeing ideals of Luigi Ferrajoli and investigating whether the legislative innovation studied is compatible with the constitutional model of criminal procedure.