DIREITO DE A??O NO PROCESSO PENAL: POLêMICAS E HORIZONTES POSSíVEIS

摘要

The article intends to present, in a general scheme, the development of the “right to action” concept from the criminal procedure perspective. Besides presenting some theoretical issues concerning the “right to action”, the article deals with some specific problems of the “eclectic action theory”, justified by its predominant position in Brazil, as well as the question of the object of criminal procedure, that must necessarily be reviewed. In this issue, the renewal of criminal procedure categories is an indispensable way to fulfill democracy, through the punitive power limitation.