THE EFFECTIVE LOSS AS A CONDITION FOR THE RECOGNITION OF ABSOLUTE AND RELATIVE NULLITY IN THE CRIMINAL PROCEDURE.

Abstract

This paper aims to analyze the effectiveness of damages as a condition for recognition of absolute and relative nullity in criminal proceedings. Its method was bibliographical, where an analysis of several studies related to the subject was carried out, besides the doctrinaire and legislative research contained in the Brazilian law, raising and systematizing relevant data. The work, besides the theoretical foundation, starts from the premise of a fair criminal procedure, which recognizes and makes effective the technical assumptions for the continuation of trials. In this context, it is about the importance given to the constitutional principle of legitimacy of judicial decisions, which makes irrelevant in the case of criminal proceedings the losses committed by the defendant. Thus, the application of absolute and relative nullities is perceived, in which the occurrence of the violation of constitutional rules generates due responsibility on the part of the judge. The effects of nullities in the process, related to the material and formal element, will serve as a mechanism of balance between the suspect of criminal practices and the use of rights. The study analyzed this theoretical precept for the recognition of nullities in concrete cases and also directed the preventive application of nullities in the rule of law. It is concluded that there is an obligation to avoid damages to the defendant to recognize the existence of absolute or relative nullities in judicial decisions, in order to ensure a fair process for the resolution of criminal conflicts.