CRIMINAL JURISDICTION: Doctrinal and Jurisprudential Reinterpretations – An Analysis of Criminal Jurisdiction considering the Federal Constitution and the Normative Criteria of Brazilian Criminal Procedural Law

Abstract

Jurisdiction in Brazilian criminal procedure constitutes a fundamental topic within the field of Law, directly related to (i) the organization of jurisdiction, (ii) the delimitation of the State’s punitive power, and (iii) the enforcement of fundamental guarantees, notably the principle of the natural judge. Its relevance stems from the role it plays in (a) structuring a legitimate criminal process, (b) preserving judicial impartiality, and (c) restraining State arbitrariness. Based on this framework, the study investigates to what extent the mechanisms for modifying jurisdiction – especially joinder (connection), continence, and prorogation – when applied in an expansive or uncritical manner, may undermine the effectiveness of the natural judge principle and the validity of criminal proceedings. The general objective is to critically analyze these institutions considering the Federal Constitution, identifying their normative limits and practical implications. To this end, a qualitative methodology is adopted, of a bibliographic and documentary nature, grounded in doctrinal review and jurisprudential analysis. The findings indicate that the undue expansion of these mechanisms may lead to significant distortions, such as (i) the hypertrophy of jurisdiction, (ii) the relativization of procedural guarantees, and (iii) the consolidation of originally flawed jurisdiction, thereby affecting the legitimacy of procedural acts. As a contribution, the study highlights the need for a rigorous constitutional filtering in the application of jurisdictional rules, with emphasis on well-reasoned decisions and the control of expansive interpretations. The relevance of the work thus lies in reaffirming jurisdiction as a limit to the State’s punitive power and as an indispensable condition for the construction of a democratic, legitimate criminal process committed to the protection of fundamental rights.