On a functionalist approach to criminal procedure

Derecho penal y criminología
Fernando Andrade Fernandes

Universidade Estadual Paulista “Julio de Mesquita Filho” (unesp)

This study proposes the recognition of a relationship of functional complementarity between Criminal material Law and the Criminal Procedure. Under this relationship, while preserving the teleology of each of these components, these two sectors of the Criminal Legal System must be connected through a common criminal and political orientation. This effort should be aimed to prevent systemic contradictions and unintended consequences concerning the function to be performed by each towards the goals of said system as a whole.

Keywords: functional complementarity, criminal law, criminal policy, criminal procedure
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