THE RIGHTS OF THE INVESTIGATES AND THE EQUALITY OF ARMS IN THE INTERNATIONAL LEGAL ASSISTANCE IN CRIMINAL MATTERS IN THE EUROPEAN UNION: THE FUTURE OF THE RIGHT TO DEFENSE

Abstract

This study intends to elide a reductionist view of international legal assistance, in the sense that we cannot forget that, on the other side of the punitive function of the State, there is a person with numerous safeguards and rights provided historically. Given this premise, it will be analyzed the specific regulations of the European Union and the jurisprudence of the European Court of Human Rights on the subject: what rights and guarantees should be considered by States in order to ensure a fair criminal prosecution from the perspective of the principles of adversary proceeding and full right to defense, as well as the prevailing principle of human dignity, from the perspective of the equality of arms. In this context, this work has as main scope investigate the possibility of international legal assistance in criminal defense. Finally, it believes that the future of international legal assistance in criminal matters is to make available to the defense the same mechanisms available to the charge, in full and due equal rights.