A verdade no processo penal: a gestão dialético-aproximativa da prova

• Autor(a) principal: Jacob, Muriel Amaral
• Data de Publicação: 2018
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/21727
• topic: Verdade; Aproximação da verdade; Prova (Direito); Diálogo; Truth; Approximation of truth; Evidence (Law); Dialogue; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The objective of the present work is to study the truth in the criminal procedural law, in relation to the philosophical concepts related to the subject, to formulate a theorization about this problematic. It starts from the hypothesis that a procedural theory commensurated with the constitutional molds and with the idea of Justice is that which, in the pursuit of truth, has a necessary condition for the fair solution of the controversy. The evidence has the role of bringing the truth to the process, making it intelligible, aiming at a decision appropriate to the Law. The adjudicator must seek the truth by means of evidence previously dictated by the procedural system, which must demonstrate its efficiency in reaching and translating the facts as closely as possible to the truth. The thesis that was defended was that procedural truth can be “approximated” in relation to past events, which must be "optimized" in a dialectical process that safeguards the constitutional procedural guarantees of the accused, turns to the correct application of the law and have the ultimate goal of justice. The present study was developed through bibliographic and documentary research, using, in writing, the deductive procedure and, in the presentation, the monographic format. It is a justifiable study, taking into account the relevance that the subject of truth finds in procedural law, and the need to confer applicability to the normative force of the Federal Constitution. It was concluded that evidence-based procedural dialogue promotes, at the end, a "possible unveiling", based on the possibilities of approximation to procedural truth