A reconstituição informática e as provas atípicas em processo penal

• Autor(a) principal: Afonso, Mara Cristina da Conceição
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/21790
• topic: prova; legalidade; atipicidade; proibição; reconstituição informática; princípio do contraditório; proof; legality; prohibitions of proof; computer reconstruction; principle of the contradictory; Direito

This dissertation deals with the theme of atypical evidence in Criminal Procedure in general, and the admissibility of proof by computer reconstruction of the fact, in particular. The general framework of atypical evidence in the portuguese criminal procedure system is fundamental to understand how the legality plan can be related to the atypicality level of evidence, without exceeding the limits imposed by prohibitions of proof. It is therefore important to see if it is possible to defend the existence of an open criminal procedure in which everything that is not prohibited can be valued as an admissible proof. This is a question applicable to the computer reconstruction of crime, as a new form of scientific criminal evidence with a potential vocation to constitute itself as a legitimate means of proof. The purpose of this dissertation is to explore the contrast between legality and freedom of evidence and its repercussion on the question of the admissibility of the computer reconstruction of crime as a means of proof in the Portuguese Criminal Procedure and, subsequently, to understand what the applicable regime to this new proof instrument, taking into account the need to ensure compliance with legally established procedural safeguards.