A persecução penal à luz dos direitos humanos:

as obrigações processuais penais positivas na jurisprudência das cortes internacionais

Abstract

Contemporary criminal law, supported by the Constitutions and International Human Rights Treaties, requires more than the simple classification of conduct that violates fundamental rights. It is essential to guarantee effective procedural mechanisms that allow the investigation, prosecution and punishment of these infractions, always respecting the principles of due legal process, broad defense and contradictory proceedings. In this context, the concept of positive criminal procedural obligations arises, derived from the jurisprudence of the Inter-American and European Courts of Human Rights. This concept imposes on States the duty to conduct investigations and criminal proceedings efficiently and diligently, ensuring that crimes are adequately clarified and that offenders are duly punished. Positive criminal procedural obligations go beyond mere criminal repression, requiring an active commitment from States to protect the rights of victims, promoting their active participation in the criminal process. This means that victims are no longer mere supporting actors, but essential participants whose rights must be rigorously protected throughout the process. This approach is essential to combat impunity, which often results from a lack of diligence on the part of public authorities in conducting investigations and criminal proceedings.

This study aims to analyze the application and effectiveness of positive criminal procedural obligations, highlighting the challenges faced by States in their implementation. To this end, the methodology adopted includes a comprehensive doctrinal and jurisprudential analysis, reviewing specialized legal literature and relevant international documents. The deductive method is adopted and a detailed study of emblematic cases is carried out that illustrate the practical application of positive criminal procedural obligations and the obstacles faced by States. The analysis aims to provide a deeper understanding of the protection of human rights in the criminal sphere, offering support for improving procedural practices and strengthening the justice system. It is hoped that the study will contribute to more efficient and fair criminal protection, which fully respects the rights of victims and accused, promoting a balance necessary for the implementation of justice.