Inversion of the interrogation of the accused in the rite of law 11.343/2006 in light of the principle of contradictory and broad defense

Abstract

This dissertation deals with the Reversal of The Questioning of The Accused in The Rite of Law 11.343/2006 In the Light of The Contradictory Principle And Full Defense. The study investigates whether the questioning of the accused as provided for in article 57 of the drug law violates the principles of adversarial and full defense, using the deductive method to examine whether it will be applied the way provided for in article 57 of the drug law where the questioning is the first act of instruction or article 400 of the code of criminal procedure as the last act. The results show that the interrogation of the accused must be the last of the instruction as provided in the code of criminal procedure in its article 400. It is concluded that the form provided for in article 400 of the code of criminal procedure, being the interrogation at the end of the instruction, is more harmonious and ensures greater effectiveness of the principles of the contradictory and full defense, assured in the constitution of the federative republic of Brazil of 1988 as decided by the Supreme Court in Habeas Corpus no. 127.900 - Amazonas.