Atividade probatória e inversão do ônus da prova no direito processual penal
AUTOR(ES)
Sabrina Morais
DATA DE PUBLICAÇÃO
2000
RESUMO
The objective of this essay is to develop aspects related to the probationary activity in the criminal law trial, giving emphasis to the probationary onus and to the rules and principles related to it. After an introductory chapter, that presents a brief historic summary about the origin of the probationary activity in the criminal law trial, the definition and the nature of the juridical evidences, the author goes to the analysis of the basic rules of its development. At this point, starting from the different types of evidences and the way that they can be brought to the legal papers, it is tried to identify its relation with the truth and the impressions of certainty, probability and credibility that can be reached by those, according to principles and constitutional rights, that will have to be respected in the acquisition and valuation in the criminal law trial. Then, the questions about the probationary onus are analyzed, emphasizing the guiding points of its consolidation and the configuring rules of its incident in the criminal and civil law trial, questioning about the possibility of admission of its inversion. Specifically in the criminal law trial, takes place a study of the relations that the probationary onus establish, concluding by the impossibility of its inversion according to the conflicts that come from the recognition of the constitutional principles of innocence presumption and of the punitive pretension in a Democratic State of Law, where the accused should have the right of freedom preserved, only being due to the prosecuting organ the confirmation of the facts that justify the allegation of happening the criminal conduct
ASSUNTO(S)
estado democrático de direito direito processual penal pensamento probatório
