Abstract

This paper presents an investigation on the critical discourses that attribute the authoritarianism of the Brazilian criminal procedure to a legacy of the fascist Italian criminal procedural legislation of 1930. At first, it reveals the impossibility of this comparison by the lack of sources for verifying if there was indeed the influence of Italian fascist law in the Brazilian Criminal Procedure Code of 1941. Then, it is analyzed how this critical discourse diffuses among Brazilian criminal procedural law scholars from the 1990’s, due to their networks of academic and professional contacts, establishing a rupture with previous criticisms. Finally, the research aims to demonstrate how this approach between the Brazilian Code and the Rocco Code was artificial and prevents Brazilian criminal procedural law scholars from realizing the influences of other foreign laws in legislation and current judicial practices and prevents them from creating strategies to ensure the implementation of constitutional guarantees in these new procedural forms.

Keywords:
Genealogy; Critical discourses; Brazilian Criminal Procedure Code