Criminal jurisdiction in the rule of law: the intra-procedural division of punitive power

Abstract

The division of power is a postulate of the Rule of Law that is required not only of the classic powers, but also of each power in the exercise of its functions, like the criminal jurisdiction; a monocratic decision, apparently secondary in the Supreme Federal Court in 2018, redefines this division of intra-procedural power by distinguishing investigative functions, in addition to the already traditional functions of prosecution and defense, alongside the decision function; this article intends to discuss the reasons and better explain what is supposed in that decision, based on an bibliographic research on the postulate of the division of power in contemporary criminal proceedings.