Las condiciones de la acción penal en el derecho brasileño. Una nueva propuesta

Abstract

The theory that establishes conditions for indictments has caused several discussions among the criminal procedure experts in Brazil. Stimulated by the lessons of Liebman, the theory found in the civil procedure a great area for development. Its transposition to the criminal procedure, however, has always been a motive for controversies. Taking the 2008 procedure alteration as a reference, which improved the control of the acceptance of the criminal charges, this paper aims to renovate the analysis about the importance of that theory. The premise assumed is the validity of the traditional causes adding the probable cause to them. The probable cause standard is elevated to a higher relevance spot, including an analysis on the reasonable belief and the legal viability of the charges. Taking the probable cause as a start, the other conditions are submitted to new approaches in order to respect the peculiarities of criminal procedure.