Defesa técnica efetiva, garantismo e eficiência no processo penal: caminhos para uma tutela integral dos direitos fundamentais

Abstract

The present essay paper deals with the full protection of fundamental rights and aims at trying to understand the relationship between the protection of fundamental rights of the accused through the exercise of effective defense technical and the efficiency in Criminal Procedure, which is done through the demonstration of the need of full protection of fundamental rights, the analysis of the application of the theory of criminal assurance on the protection of fundamental rights, the concept of developing an effective defense technical, and finally, the elaboration of a concept of efficiency in criminal Procedure. The discussion of the topic proves to be essential, since it refers to the efficiency and effectiveness of fundamental rights, constituting a true pre-requisite for the identification of a true Democratic State. As a methodological approach, the bibliographic research with the analysis of books, periodicals and electronic media were used. In this context, it was found that due to the characteristics of the basic rights the idea that there are basic rights more important than others cannot be conceived and that they all should be fully protected. It was also found within the research that the theory of criminal assurance, contrary to what has been widespread, is not intended to protect solely the fundamental rights of the accused, but also to protect the fundamental rights of the victim and society, a visible manifestation of the theory is that the criminal guarantees press for full protection of all fundamental rights. Furthermore, it was found that the defense effective technical is synonymous with full defense and that it can be identified when the defender used all the possible means and resources inherent to it Likewise, efficiency in the Criminal Procedure equals the concept of the due criminal process and that it is essential for verifying whether the effective criminal procedure is in compliance with all the guarantees of the due criminal process. Thus, it can be concluded that there is a certain relationship of identity between the protection of fundamental rights of the accused one, through the exercise of the effective defense technical and the efficiency of the Criminal Procedure. There is no incompatibility between the exercise of the effective defense technical and the efficiency in criminal procedure, since this exercise is presented as one of the elements of the concept of the effective Criminal Procedure. This relationship of identity has proved to be essential in the full protection of fundamental rights, since the due criminal process is composed not only of guarantees in the protection of the fundamental rights of the accused one, but also in the protection of the fundamental rights of the victim and of all society.