A inconstitucionalidade do instituto da emendatio libelli no processo penal

Abstract

This paper seeks to discuss, in light of the principles currently in force in criminal procedural systems, the (un)constitutionality of the emendatio libelli system, as well as the adversarial system and its nuances, which function, or should, as true vectors of our legal system. Initially, the concept of the object of study will be presented, applied to the adversarial system, as well as the current jurisprudential understanding. Following this line of thought, the role of the judge in criminal proceedings will be addressed, as well as the circumstances and consequences of applying the institute studied. Finally, considering all of the above, a reflection on the specificities of the institute will be applied, through a case study, and the consequences of its application. The critical analysis covers the problems of applying the emendatio libelli institute in the legal system, as it may be contrary to the principles governing the adversarial system in force in the legal system. It also addresses the inalienable constitutional rights granted to the accused and the true role of the judge in criminal proceedings.