The Procedure of Evidence Taking in the Brazilian Criminal Trial

An Analysis Inspired by Selected Features of the German Criminal Procedure and the US-American Criminal Procedure and Evidence Law

2023. 278 S.
Available as
89,90 €
ISBN 978-3-428-18819-2
89,90 €
ISBN 978-3-428-58819-0
Price for libraries: 120,00 € [?]


The Brazilian criminal procedure law needs reform. In contrast to the progressive Constitution of 1988, the current Code of Criminal Procedure of 1941 is repressive and highly formalistic. As to adapt the Code of Criminal Procedure to the Constitution, numerous modifications were made to the former. Despite these laws partly modifying both features of procedural and evidence law, the desired changes to the trial setting and, more importantly, in effectively safeguarding the defendant’s procedural rights were not achieved. Hence, this research seeks to assess whether and to what extent the procedural safeguards afforded to Brazilian defendants at criminal trials are efficient. This was achieved by means of a comparative study where the procedural safeguards afforded to German and US-American defendants were examined. This analysis seeks to lead to the identification of the main problematic features of the Brazilian Code of criminal procedure and to make suggestions to its improvement.



1. The Development of the Normative Framework of the Brazilian Criminal Procedure

2. Country Reports

Germany – The United States of America – Brazil

3. Key Concepts of Comparative Law, Comparative Study, and (Possible) Solutions to the Brazilian Criminal Procedure
Terminology in Comparative Law – The Importance of Identifying both a Country’s Normative Framework and its Legal Culture in Comparative Law – Comparative Study and (Possible) Solutions to the Brazilian Criminal Procedure



Subject Index

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