O interrogatório judicial do acusado e o direito à ampla defesa: considerações acerca da aplicabilidade da inovação trazida pela lei nº 11.719/2008 ao processo penal militar no Exército Brasileiro

Abstract

The Federal Constitution of 1988 imposed changes of great significance to the criminal proceedings. The primacy given to fundamental rights, above all, brought the need to fit various institutes of the Brazilian criminal procedural law to the postulates of the adversarial system and more, the democratic rule of law paradigm. Law nº 11.719 of June 20, 2008, to amend the wording of art. 400 of the ordinary Criminal Procedure Code, sought to meet this goal, determining the order of the interrogation accused pass to be held at the end of evidential statement. It is very important measure, which aims to give maximum effect to the fundamental rights of legal defense and contradictory, in the Federal Constitution of 1988. After the publication of the law, came the question: to change the order of interrogation accused apply or not the procedures governed by specific laws, in particular the Military Criminal Procedure? To answer this question, this paper will study the development of criminal procedural systems, criminal procedural principles and constitutional affections the issue, the defendant's questioning it, with its concept, historical development and legal nature, and finally, an analysis of jurisprudence and developments in judicial decisions on the subject in the Higher Military Court and the Supreme Court.