Banca de QUALIFICAÇÃO: RODRIGO ARRUDA CARRICO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : RODRIGO ARRUDA CARRICO
DATE: 02/07/2026
TIME: 10:30
LOCAL: Ambiente virtual
TITLE:

The necessary observance of the conventional guarantee of judicial impartiality for the consolidation of an adversarial criminal justice system

KEY WORDS:

American Convention on Human Rights; judicial impartiality; adversarial system; conventionality control

PAGES: 130
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The consolidation of an adversarial criminal procedural system presupposes respect for the individual’s right to be prosecuted and tried by an impartial judge, a guarantee enshrined in Article 8(1) of the ACHR. As a State Party to the ACHR, and having expressly recognized the binding jurisdiction of the IACtHR in all matters concerning the interpretation and application of the Convention, Brazil is required to adopt all measures necessary to ensure full compliance with its international obligations, in light of the standards developed by the IACtHR. Within this framework, the following question arises: does the Brazilian criminal procedural system fulfill its conventional duty to implement the guarantee of judicial impartiality in a manner capable of consolidating its proclaimed adversarial nature? This study seeks to demonstrate that Brazil’s failure to comply with the standards established by the IACtHR concerning judicial impartiality continues to hinder the consolidation of a genuinely adversarial criminal process. The specific objectives of this research are: (1) to assess how judicial guarantees are regulated within the body of norms constituting the Inter-American corpus juris, with particular emphasis on the ACHR; (2) to identify the standards established by the IACtHR regarding the guarantee of judicial impartiality; (3) to examine the legal foundations requiring the exercise of domestic conventionality control; (4) to analyze how the guarantee of judicial impartiality is addressed within the Brazilian legal order; and (5) to conduct a compatibility assessment between Brazilian criminal procedural rules and the applicable conventional standard. The proposed research is theoretical in nature and, with regard to its objectives, may be classified as both descriptive and exploratory. The study employs the deductive method, while bibliographical and documentary research constitute its primary procedural techniques. The relevance of the proposed discussion stems from the fact that conventionality control has become an institutional guideline of the Brazilian Judiciary, as evidenced by Resolution CNJ n. 364/2021, Recommendation CNJ n.. 123/2022, the National Judiciary Pact for Human Rights, and, in particular, the recent publication of the “Inter-American Statute of the Brazilian Judiciary.” Furthermore, the significance of the topic derives from its connection to the United Nations Sustainable Development Goals, particularly Goal 16, the growing number of judgments rendered against Brazil by the IACtHR, and the still inconsistent jurisprudence of Brazil’s Superior Courts regarding the incorporation of conventional standards. The expected outcomes of this research are: (1) the confirmation of the incompatibility of certain provisions of the Brazilian criminal procedural system with Inter-American standards; and (2) the identification of the need for legislative reform in order to fulfill the conventional obligation to harmonize domestic law with the provisions of the ACHR.

COMMITTEE MEMBERS:
Interna - ***.106.864-** - BRUNA AGRA DE MEDEIROS - UFRN
Presidente - 2527208 - THIAGO OLIVEIRA MOREIRA
Interno - 1149384 - WALTER NUNES DA SILVA JUNIOR