The quote by marked time in the brazilian criminal proceeding

Abstract

The current Criminal Procedure Code, in force since 1942, has obvious fascist inspiration, being released during the "New State" and having, in some ways, that time ideology. That in mind, the status of criminal procedure as a product of an authoritarian conception contains distortions that have long clamored for an adjustment to the constitutional spirit. Given this reality it was urgent to reform the Code. After failed attempts over time to build a new Code systematically integrated, specific projects to reform the Code of Laws culminated in 11 689, 11 690, published in the Official Diary on June 10 2008; and 11 719, published on 23 June 2008. Within this panorama entitled "Criminal Procedure Reform", was introduced into the criminal procedure the quote by marked time which, until then, was exclusively civil procedure. It is precisely on this legislative innovation that this article will expose, so inquiring the reflections of their inclusion in orbit criminal procedure, and as it could not waive his constitutionals principle substrate.