CONTRADICTORY AND BROAD DEFENSE IN THE CRIMINAL PROCESS: DIALOGUES BETWEEN LAW AND LITERATURE IN THE COUNT OF MOUNT CHRIST

The theme of this research is the contradiction and broad defense in the criminal process that culminates in the trial and conviction of Edmond Dantès, protagonist of the work The Count of Mount Christ, by Alexandre Dumas. The objective of this study is to appreciate the contradiction and broad defense as a driving force in the criminal process, especially in the Brazilian context, through interdisciplinary research between literature and law. As for the methodology, this study uses interdisciplinarity, being bibliographic and documentary research, of a pure and qualitative nature, carried out using the deductive-normative method, guided by content analysis. To this end, we initially analyze how literature and law can be connected, and how, therefore, their association is necessary for the present investigation. Next, we historically review how the adversary system and broad defense were established in the Brazilian legal body. Regarding the results identified in this study, it is pointed out that, in the work The Count of Mount Christ, the lack of application of the principles of contradictory and broad defense in the criminal process reveals legal situations of flagrant illegality and injustice, potentially overwhelming the condemned and of your soul. Therefore, this study concludes that the adversarial and broad defense are the principled matrix of due criminal process. However, its positiveness does not necessarily reflect the application of these principles in practice, and, abandoning them to mere sayings, the process becomes a tyrannical force.