Código de Processo Penal (CPP)
The Código de Processo Penal (CPP), enacted by Decree-Law No. 3,689 of 1941, is the principal statute governing criminal procedure in Brazil. It establishes the rules for criminal investigations, prosecutions, trials, and appeals within the Brazilian criminal justice system. The CPP is based on the inquisitorial tradition but has been significantly modified by judicial interpretation and constitutional amendments, including the establishment of the jury trial (tribunal do júri) as a fundamental right. The code addresses police investigations, provisional detention, habeas corpus, and the rights of the accused.
Legal area: Criminal law defines offences against the state and society, establishes penalties, and governs criminal procedure and enforcement.
Year enacted: 1941
Full text: https://www.planalto.gov.br/ccivil_03/leis/Lei/L3689.htm
Key Provisions
- Art. 5: Jurisdiction of criminal courts (territorial and special jurisdiction)
- Art. 14: Police investigation (inquérito policial)
- Art. 282: Provisional detention (preventiva) and bail
- Art. 310: Judicial control of arrests within 24 hours
- Art. 386: Tribunal do Júri (popular jury trial for intentional crimes against life)
- Art. 593: Appeals (recurso em sentido estrito, apelação)
- Art. 648: Habeas corpus as a fundamental remedy
- Art. 155: Inadmissibility of illegally obtained evidence
Significance
The CPP has been the subject of ongoing reform discussions, with a new bill (Projeto de Código de Processo Penal) introduced in 2019 but not yet enacted. The code’s provisions on habeas corpus and judicial review of arrests are central to criminal justice protections in Brazil. The tribunal do júri, a constitutional guarantee under Art. 5, XXXVIII of the Constitution, has been criticized for its inconsistency and vulnerability to influence.