EXPERT OR WITNESS: DILEMMA BETWEEN THE LEGAL DEFENSE AND DECONTEXTUALIZED IMPORTATION OF EXPERT WITNESS

Abstract

Despite the doctrine clearly differentiate the procedural figures of the expert and the witness, it has been reality in our courts to shall the specialist to act by testimony. It is created in our civil law the expert-witness, typical of the common law. The paper develops in an anthropological perspective, which seeks knowledge of the "other" to understand yourself. Thus, through indirect documentation methodology, it sought to define the criminal expert and the witness in our legal culture and in the American to recognize the origins of our “expert-witness”, its mode of action and possible procedural benefits, to justify

Keywords

• ciência forense
• perícia oficial
• civil law
• common law