Non-effectiveness of the fundamental principle of defense in depth in cases of appointing ad hoc defender
DOI:
https://doi.org/10.29293/rdfg.v8i01.330Keywords:
Principle of defense in depth. Non-effectiveness. Ad hoc Defender. Court of Justice of the State of Roraima.Abstract
CONTEXT: The fundamental procedural principles are tools geared, in criminal proceedings, to ensuring a fair and effective trial throughout the persecutio criminis. Defense in depth is a constitutional principle applicable in criminal proceedings to safeguard the right of every citizen to have a quality and dignified judgment and, therefore, must be observed by jurisdictional bodies as a commitment to the rule of law.
OBJECTIVE: The work intends to show that the legal assistance provided by ad hoc defenders in criminal cases, at least in the State of Roraima, Brazil, does not adequately honor the principle of defense in depth.
METHOD: The present paper is the result of research carried out at the Court of Justice of the State of Roraima, Brazil, which used the descriptive method to present some illustrative cases, from a predominantly qualitative approach; bibliographic research techniques were also used to select texts and judicial documents (sentences) related to the issue and with a local focus.
RELEVANCE / ORIGINALITY: The paper analyzes the quality of services offered by ad hoc defenders in specific cases.
RESULTS: Through analysis of cases judged in the Court of Justice of the State of Roraima, Brazil, it was possible to reach the conclusion that the appointment of substitute or ad hoc defender by the judge, in some cases, makes the technical defense non-effective, thus violating the fundamental principles of defense in depth and due process.
THEORETICAL / METHODOLOGICAL CONTRIBUTIONS: Paper seeks to emphasize the importance of researches on free legal assistance, including ad hoc defense, in criminal cases, based on contextualized data.
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