Os critérios de aplicação do princípio da identidade física do juiz no processo penal com o advento do novo código de processo civil

Abstract

The main objectives of this work are to investigate if article 15 of the New Brazilian Civil Procedure Code (CPC/2015) modified the criteria for application of common procedural law to the Criminal Process, especially the point of the exceptions applicable to the principle of the physical identity of the judge; Whether Article 132 of the Civil Procedure Code of 1973 - which regulated the principle of physical identity and its exceptions not only in the civil procedure, but also the exceptions in the case of criminal proceedings - were revoked by CPC/15 and if they are no longer applied pursuant to art. 15 of the new Code; To determine whether there is a way of conferring harmonizing interpretation among the application criteria established in art. 132 of CPC/73 and the Code of Criminal Procedure, in order to avoid a procedural gap and the consequent destruction of such an important principle due to the lack of anticipation of its exceptions; And to find out whether the intention of the legislature was actually to extinguish the principle of the judge's physical identity from civil procedure or whether it should remain as an implicit principle. After analyzing the hypotheses, the conclusion is that the principle of the physical identity of the judge, despite having the status of ordinary law, has great value in its application, reason why we not only defend its maintenance, but also the possibility of using the exceptions of art. 132 of the revoked Code of Civil Procedure to Criminal Procedure. Finally, putting the conclusion drawn in check, it was noted that it was fully capable of providing rational and reasonable answers to this relevant problem involving the Criminal Procedure and Civil Procedure Code of 2015.