Teoria da nulidade no Processo Penal

Abstract

Nullity is an expression endowed with ambiguity. In the legislation, their use is referred to as addiction or as a sanction. In doctrine, there is a serious divergence hindering the meeting of their species classification criteria. In the jurisprudence, it appears wide range of discretion in their recognition and in choosing the appropriate legal effect. Discrepancies place the subject in a very rugged terrain. The search for a pattern, through research, aims to provide greater predictability in judicial activity control addicts acts in the course of state prosecution. The means to achieve this purpose underlying the nullity as standard structured in the legal system as a product of interpretation of law. Building a nullity theory in criminal proceedings is intended to bring together common elements unifying the rules production procedure for invalidity and its legal consequence. In the center of documentation of the impact of the rule, it is the authentic interpreter, competent body to pour into legal language the fact fall within the scope of the statement