AS INFLUÊNCIAS DO SISTEMA INQUISITORIAL NO PROCESSO PENAL BRASILEIRO

UMA ANÁLISE DA IMPARCIALIDADE JUDICIAL E DOS DIREITOS FUNDAMENTAIS

Abstract

1. This study conducts an in-depth analysis of the influences of the inquisitorial system on contemporary Brazilian criminal procedure. Although Brazil formally adopts an accusatorial procedural model, practices and structures reminiscent of the inquisitorial system are still observed, compromising judicial impartiality and the fundamental rights of the accused. Through a comprehensive bibliographic review, the study examines the proactive role of the judge, the practice of coercive conduct, and the lack of a clear separation between prosecutorial and judicial functions. The proactive role of the judge, inherited from the inquisitorial system, is identified as a factor that disrupts the balance of criminal proceedings, as the judge’s interference in evidence production can compromise impartiality and the right to a full defense. Coercive conduct is analyzed as a practice that violates the presumption of innocence and human dignity by imposing a restriction of freedom without prior conviction, resulting in social stigmatization. The research concludes that the persistence of inquisitorial elements in the Brazilian criminal process challenges constitutional principles and human rights, highlighting the urgent need for structural reforms to promote a genuinely accusatorial system.