OS IMPACTOS DA PRODUÇÃO DE PROVAS DE OFÍCIO NA IMPARCIALIDADE DO JUIZ NA PERSECUÇÃO PENAL

Abstract

ABSTRACT: The general objective was to discuss the consequences for the impartiality of the judge, as he ex officio orders the production of evidence, in search of the real truth, in the course of criminal prosecution. The specific objectives were: To present the historical evolution of the evidentiary law; present the testimonial evidence and its characteristics; and to know the inertia of the jurisdiction and the powers of the judge. The research problem was summarized in whether the judge, after examining all the evidence brought by the parties and there are still doubts, can request the production of new evidence, in the context of criminal prosecution to satisfy the principle of real truth, compromises his position, with regard to the principle of impartiality? The present study was characterized as a literature review. Evidence must be produced with much more attention if there is a conviction, seeking to reach the real truth and satisfying the interests of society (principle of proportionality and principle of material truth). In the event of a conflict between the principles, it will be up to the judge to resolve it. Furthermore, the way in which the evidence will be produced to lead to the conviction is another matter. Perhaps a more adequate way to reach material truth would be, for example, to seek ways to curb the negative influence of the media, especially in crimes that involve judgment by the Jury Court and cause great repercussion in society, a situation that seems surreal in a unfortunately, there are political and economic influences on the Law, or even to equip the investigative police in a more efficient way, so that the expertise is more elucidative.