A criminal charge must be based on prior law and be sufficiently defined.
Arts. 43–45 · known accusation, real defence and natural judge
Due process and impartial justice
A high-impact decision is not legitimate merely because the system reached an outcome. Due process requires a competent, independent and impartial authority, knowledge of the accusation or issue, time and means for defence, adversarial proceedings, evidence, reasons and an effective appeal.
Proposed Constitution · reference text · not promulgatedIn brief
A right is not an abstract promise: it constrains concrete decisions.
In criminal matters, the proposed Constitution protects strict legality, the presumption of innocence and the privilege against self-incrimination, and prohibits exceptional tribunals. Allocation and composition of the adjudicator must follow pre-existing general rules and may not be manipulated for a specific case or person.
The procedure must allow the person to influence the outcome
Defence is not a decorative button. The person must be able to know the allegation, produce and challenge evidence, and present arguments before a final decision, except for legally justified urgent measures that are subsequently reviewable.
Automation does not create a court
Art. 45 prohibits a platform moderator from deciding jurisdictional matters and prevents the creation of an ad hoc adjudicator. Software may assist, organise or perform technical tasks; it does not replace the authority made competent by the Constitution.
What this means for you
Practical consequences
Your silence cannot, by itself, become evidence of guilt.
The rule determining who judges must exist before the case and may not be chosen to favour one party.
Limits and institutional honesty
What this safeguard does not authorise
Due process does not require every procedure to take the same form; the intensity of the safeguards follows the nature and impact of the decision.
An emergency may permit strictly necessary procedural adjustments, but it cannot eliminate essential defence rights or judicial oversight.
How this function connects to Sistema Candeia
Enter Candeia OSAccess Justice through Candeia OS
When a judicial module is operational, people will access it through Candeia OS; filing, case tracking and procedural acts will belong to the competent Sistema Candeia module. GOV only explains and routes users onward.
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