The legal regulation applicable to the admissibility of criminal appeals to Superior Courts according to the CPC/2015

• Main Author: Francisco de Assis do Rêgo Monteiro Rocha Jr.
• Format: Article
• Language: Spanish
• Published: Instituto Brasileiro de Direito Processual Penal 2020-03-01
• Series: Revista Brasileira de Direito Processual Penal
• Subjects: recurso especial criminal; recurso extraordinário criminal; código de processo civil de 2015; juízo de admissibilidade.
• Online Access: http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/274

The gradual implementation of a precedent model in the Brazilian legal system was not formally inserted in the Code of Criminal Procedure (CPP). Nevertheless, it is important to debate whether the effects of this new paradigm are also (or will be) being felt in the criminal procedure. Beyond all the topics that could be discussed from this perspective, in this article we will specifically face the modifications of the of the criminal appeals to the superior courts admissibility, due to the advent of the Civil procedure Code (CPC 2015). This is a discussion which should the criminal process take place, considering its very important applications and practical developments for the parties in Superior Courts criminal proceedings, as well as for their Judging bodies. The hypothesis of which we depart is that there have been effective changes in the way criminal appeals to the superior courts should be elaborated and judged due to the CPC 2015. To reach that, we will present the results of the analysis carried out of the applicable legislation, the jurisprudence that has been produced on the subject, and we will present the contributions of authors who have already studied this theme.