A cooperação jurídica penal internacional à luz do garantismo penal

Abstract

This paper aims to demonstrate the juridical causes for the rights and the basic guarantees in the 1988 Federal Constitution of Brazil, and the punitive State's duty to apply, even before international criminal juridical cooperation, such rights and guarantees along the criminal process and the strengthening of man's dignity, by means of the practice of legal defense, contradictory, the due process of law, the innocence presumption principle and the prohibition to illegal evidence. The basic principles and guarantees are juridical ways to protect the accused. Their reason is the instrumentality of the penal process, in order to balance the contrasting values of the State's power to punish and the protection to the accused. Such constitutional criminal processual guarantees are the penal garantism referred to by Ferrajoli, given that those guarantees are on the accused's side as to resist inconstitutional charges. Therefore, the international criminal juridical cooperation must comply the fundamental rules concerning the Brazilian criminal process so as not to suppress ou disrespect the penal garantism established in the 1988 Federal Constitution