Da revisão criminal: uma análise acerca de suas hipóteses de cabimento, em face da dignidade da pessoa do sentenciado

Abstract

The institute of res judicata is very important and necessary to the context of the brazilian criminal proceedings. It acts like a security mechanism which gives character to the immutability of decisions, allowing the solution of the dispute and the social pacification, ultimately. However the strength of the phenomenon must be relativized in some cases, especially in the criminal proceedings ones. It´s possible to observe that a judicial mistake results in a patent disregard for the dignity of the defendant. In this context, the criminal revision tool has a noble purpose. Lends itself to providing reparation of injustices from deleterious imperfections of the final judgment or from any other causes of the problem. The historical origin of the institute, its general aspects and some other particularities of its regulation will be addressed in this study, staring up in the perspective of the preservation of the individual dignity. This work also raises the issue of incorrect reasoning of criminal sentencing and its impact on the dignity of the individual, analyzing the compatibility of the review with this hypothesis of judicial error.