NOTES ON THE CONSTITUTIONAL DUE PROCESS IN THE BRAZILIAN CRIMINAL PROCESS AND THE VIOLATION OF FUNDAMENTAL RIGHTS OF THE BLACK POPULATION

Abstract

This paper, instigated by the current repercussion of the theme, aims to realize a
critical analyze about the current social circumstancesin Brazil problematizing the
Black people murder’s and fundamental rights violation by the State from a due
process of law’s optic as a constitutional right in the Democratic State Ruled by Law.
To do this, at first is introduced a historical panorama from the due process of law
starting in the Magna Cartha in 1215. From this, is developed a reasoning that
follows the historical facts that refine this principle until it was recepted in the 1988’s
Brazilian Constitution. After this, is done a critical analyze about the current
fundamental rights violations that Black people are subjected to in the the criminal
procedure and also in his previous phases. To end it,will be presented a last analyze,
that aims to check the matching of the narrated facts with the due process of Law. To
end it, is presented a last alalyze that aims to check the matching of the narrated facts
with the due process of law by the Democratic State Ruled by Law’s optic. This
research was done by qualitative and quantitative datas. In the final considerations is
possible to conclude that the main element to disassemble a system that harm black
people access to fundamental rights is the effective observation and application of
the principles recognized in the 1988’s Constitution by the procedure integrants and
law agents.