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A Prova No Processo Penal: a Importância Da Valoração Do Lastro Probatório E De Seu Controle Por Meio Recursal
| Content Provider | Semantic Scholar |
|---|---|
| Author | Vasconcellos, Vinicius Gomes De |
| Copyright Year | 2018 |
| Abstract | This article discusses important premises related to criminal evidence, aiming to define its function and models for its evaluation in contemporary procedural dogmatics. The problems that guide the development of this research are: 1) what is the role of evidence in criminal procedure?; 2) is the evidence evaluation in judicial decision free? and, 3) the judgment on the facts in the judicial decision should be subject to control? The thesis is that, although the persuasion of the judge is an element to be considered as a reality, probative evaluation must be guided by rational and objective criteria, which control will only be possible because of a cognitive connection with the facts, that will provide criteria and limit to the decision-making process by the court. Therefore, it is important to emphasize the indispensability of motivation and control over the factual basis of the criminal decision, especially through the right to appeal against conviction. In that way, this work contributes to the consolidation of a criminal procedural dogmatics that allows an effective limitation to the spaces of judicial discretion and, thus, to the punitive power of the state. |
| Starting Page | 695 |
| Ending Page | 721 |
| Page Count | 27 |
| File Format | PDF HTM / HTML |
| DOI | 10.5902/1981369430012 |
| Volume Number | 13 |
| Alternate Webpage(s) | https://periodicos.ufsm.br/revistadireito/article/viewFile/30012/pdf |
| Alternate Webpage(s) | https://doi.org/10.5902/1981369430012 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
