Revista de Direito Penal, Processo Penal e Constituição (Oct 2016)

Criminal Evidence : Democracy, Relevance to the Implementation of Accusatory System and Efficiency of the Oral Evidence

  • Ricardo Alves Domingues,
  • Gustavo Noronha de Avila

DOI
https://doi.org/10.26668/IndexLawJournals/2526-0200/2016.v2i1.850
Journal volume & issue
Vol. 2, no. 1
pp. 655 – 671

Abstract

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The so-called principle of real truth is argument to justify arbitrary procedures used in criminal proceedings. A perfect reproduction of the scene of a crime is impossible. The production of evidence in democratic societies must be guided by the adversarial system . However, not enough positivization affections precepts to this systematic procedure. It is necessary that the practice of instruction acts reveal democratic conduct by the authorities responsible for conducting the process. Only then the proof shall be realizing the fundamental rights and guarantees that subject to criminal prosecution.

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