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Right to an effective technical defense

The role of the courts as guarantors of the right to an effective technical defense

This precedent emanating from the Federal Criminal Court Oral National N1, the 25/10/1994 in the cause Alejo Romero was clearly plasma function of the lower courts to ensure to all persons subject to criminal prosecution a real legal representation ("true", "true", "adequate"), as required by Article 18CN, Art 8, Inc. 2 ACHR, ICCPR Art 14 Inc. 3, safeguarding insufficient technical assistance.

precedent in the declaration of invalidity of the debate substantiated due to the inefficient performance of the defense during its development, who made a virtual abandonment of its duty to defend the accused having as a result of its progressive inactivity impossible to correct in closing the debate (which implies that the court take the extreme path of nullifying the proceedings), a situation of helplessness to the defendant by depriving him of his legal defense trial.

although the court stresses the passivity of the defense during the process, you turn into consideration that not every defender's inaction set an inefficient act as the principle of discretion prevails technique governing the action of the welcomed by professional confidence the accused.

Technical assistance should not be merely formal but is necessary to assist effectively and substantially to the accused in this connection was established; "the defender is and should be a ratio of forced standing, this is a reasoner partial a reasoner that brings water to his mill, but were otherwise not only betray his duty, but that would contradict its raison d'etre in the process and the mechanism for this would be unbalanced "(C Nat Crim and Federal Corr, room 1, 22/12/1978)

Under the analysis of the topic the following questions arise: What parameters determine the failure of a defense and justify, Consequently, the intervention of judges?, "If the defender must remove the judges base their decision?, what is the scope of discretion that kept the champion for the development of its defense strategy?, how to determine when there is factually an abandonment of representation?, what role this plays in the general circumstances of the accused to retain his counsel of confidence, despite to which courts should consider departing? Can we have the guarantee of defense by the owner?, "The security of defense under certain circumstances could end up hurting those who should protect?," If a declaration of invalidity and roll back the process, what role they play principles estoppel and progressive as it retrotraería the process instances obsolete?, could conduct the process again or affect the security of ne bis in idem?.

Carolina Cardoso