Princípios da prova no processo penal

AUTOR(ES)
DATA DE PUBLICAÇÃO

2001

RESUMO

The work presents the legal principles that direct the proof in Criminal process, based on the profile given by the 1988 Federal Constitution to the accusational criminal processo Under the focus of the modern doctrine postpositivist, the principles are studied as codifiad legal rules or implicit afies, that may be found in the whole judicial system, although is known its constitutional source. The work begins wish a systematic study of the proof. Firstlyit is introduced the concept of proof, as a tool or way that makes the judge s conviction about the truth of the facts. Secondly is given a notion of what are truth and certainty. Finally, the function of the proof, its purpose, means of proof, assortmentand the systems of examination are studied. The jurídical principles deserve a chapter by itself. Afier the recognition as legal norm, the differences between principle and mie, the problem of the contradiction of principles and the explicit and implicit afies were analysed. It is worth saying the explicit and implicit principles are also known as general principles of law. It could not be possible to write about the principles of proofwishout studying the constitutional principles of the criminal process of law. It is the constitutional principle which gives material and formal basis to the principles and rules that constitute the judicial system. At last, this piece of work has tried identify the principles which arder the criminal proof, analysing each one of them and their reflection on the process

ASSUNTO(S)

prova (direito) -- processo penal -- brasil direito processual penal principios da prova teoria da prova principios constitucionais

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