An analysis on the validity of article 156 of the CPP

The purpose of this paper is to analyze the validity of article 156 of the Code of Criminal Procedure before the inclusion of article 3-A made by Law No. 13.964/2019 (AntiCrime Package). For a long time there has been a doctrinal discussion about article 156 because it allows the judge to produce anticipated evidence ex officio, and according to some scholars this hurts the principle of impartiality of the judge and the due process of law, considering that at this stage the defendant is deprived of the adversary and ample defense. It happens that, with the effectiveness of Law No. 13.964/2019 and inclusion of Article 3-A, the Code of Criminal Procedure expressly adopted the accusatorial system and prohibited the judge's initiative in the investigation phase and the replacement of the evidential performance of the prosecution body, generating a conflict between the two articles. In this context, the work aims to analyze the possible unconstitutionality and tacit revocation of Article 156 of the Code of Criminal Procedure.