Princípios constitucionais penais: provas e indícios

Abstract

The evidence is an important element inside the legal process, but it needs to be studied under the due Law Process to avoid convictions that are uttered without enough elements to diverge the presumption of innocence from the defendant. Before this affirmative, the historical shaping study of the rule of law and its influence on the practical appliance of the dignity principle of the human person. Therefore, the prosecution system was adopted as the criminal justice system, that has principles in accordance with the Federal Constitution as its basis, since there is an independent institution prosecuting and impartial judge of law, enabling, in a broad and contradictory way, so the defendant may file its own version of the facts and, eventually, adduce evidence. However, we must stress that there are constitutional principles that aim to protect the human dignity of all citizens under the criminal jurisdiction of the rule of law, imposing warranties and limiting the State punitive power. It is necessary to have evidence obtained in agreement with all the systematic of Due Law Process, and the consequence is being withdraw from the process and being disabled by the judges. To utter a condemnatory resolution, the evidences need to convince the court of its concreteness and authorship. For that matter, the signs must be seen as a diverse form of the direct evidences, because they don’t have the certainty and an effort is necessary by the interpreter to be able to extract plausible elements leading to the criminal conviction.