MISJUDICIAL MISUNDERSTANDING: State Reparation and Criminal Review

Abstract

Miscarriage of justice is a factor present in the judicial system, affecting the lives of countless people, who suffer directly from their conviction or indirectly from its repercussions. This paper aims to present a study on miscarriage of justice, especially focusing on errors resulting from criminal proceedings, seeking to demonstrate the State's responsibility to make reparations for errors in the provision of criminal jurisdiction. Using an interdisciplinary study of various areas of law and specific cases, the paper seeks to delve deeper into the reasons that may be decisive in the erroneous outcome of the process. The paper is based on data research that allows for a deeper understanding of the problem, as well as on the analysis of the historical case of the Naves brothers and other cases of error. It also presents the Innocence Project program , from the USA and now in Brazil, whose role is to investigate and file review actions in cases where there was an error in the judgment of the criminal action. This research also delves deeper into the autonomous action of criminal review, which presents itself as one of the tools to repair the error and provide due compensation. The use of mechanisms such as adversarial proceedings are ways of reducing errors in actions; furthermore, the possibility of the procedural and constitutional system providing for reparation and compensation is a positive factor, and its application should be favorable to the detriment of res judicata.