Common Developments and Deficiencies of the Domestic Approach to Participatory Safeguards in Criminal Proceedings

Abstract

The comparative analysis of the developments that have occurred in Italy and Brazil in order to enhance participatory safeguards for private parties in criminal proceedings highlights various common lines. As noted, the Brazilian 1941 code was largely inspired by the Italian codification of 1930. The subsequent history of both criminal justice systems was the constant (albeit not always linear) attempt to depart from this starting point and therefore from the strong inquisitorial tradition that had long characterised the Italian and Brazilian criminal procedural law. Yet Brazil is still governed by the old 1941 codification, whereas in 1988 Italy enacted a new code of criminal procedure, after the failed attempt to launch a new codification in the 1970s.