Emendatio libelli: uma releitura à luz do contraditório

Abstract

The Brazilian criminal proceeding took on new directions when the Constitution of the Republic was enacted in 1988, in which it became a robust guarantee framework in procedural matters, with the adversary being one of its main exponents. Nevertheless, the institute of the emendatio libelli remained oblivious to the new constitutional nuances, perpetuating permissive to the magistrate to alter the enamelled capitulation in the exordial one, without being porous to the manifestation of the parts, denying feasibility to the postulate of the contradictory in its more accepting agreement with the precepts democratic, having in the background the archaic meaning that the defendant defends himself only from the facts. The interest for this research, which is anchored in the experience of the probationary activity in one of the Criminal Courts of the Judicial District of Juiz de Fora, is to problematize the procedural consequences of the said solipsistic attitude of the magistrate, especially when the right of the country walks towards to adjust to the current constitutional dress, as was seen in the New Code of Civil Procedure.