Reflexões sobre a preclusão do direito de provar no processo penal brasileiro
Bibliographic Data
| ID | 16965623 |
|---|---|
| Authors | Gisele Mara de Oliveira (0000-0003-3151-5245, Universidade Estadual de Maringá, corresponding author), Samia Saad Gallotti Bonavides (0000-0002-9413-2391, Universidade Estadual do Norte do Paraná), Luiz Gustavo Giuriatto Ferraço (0009-0000-1701-0625, Universidade Estadual de Maringá) |
| Year | 2024 |
| Volume | 10 |
| Issue | 2 |
| Publication date | 2024-07-29 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Revista Brasileira de Direito Processual Penal (JOURNAL) |
| Journal identifiers | ISSN: 2359-3881 • E-ISSN: 2525-510X |
| Publisher | Instituto Brasileiro de Direito Processual Penal (PUBLISHER • BR) |
| DOI | 10.22197/rbdpp.v10i2.931 |
| OpenAlex | W4396923204 |
| Language | PT |
| Citations received | 1 |
| References cited | 4 |
The article deals with the preclusion on the parties' evidentiary activity in criminal proceedings, in order to answer the following research problem: how can preclusion affect the parties' evidentiary activity in criminal proceedings? As a hypothesis, it was established that the principle of the presumption of innocence and the right to a broad defense can rule out the rules of preclusion applicable to the evidentiary activity carried out by the accused in criminal proceedings. The research was carried out in three stages, based on the constitutional and infra-constitutional rules applicable to the parties' evidentiary activity in criminal proceedings. Firstly, the study dealt with the preclusion in relation to the right to evidence. Secondly, it described the possible hypotheses of preclusion related to the parties' evidentiary activity in criminal proceedings. Finally, it sought to verify the possibility of preclusion occurring in criminal proceedings and in relation to the probative activity of the accused. Adopting the guidelines of the hypothetical-deductive method and explanatory approach, and based on the theoretical knowledge already published about the subject, the research led to the conclusion that the principle of the presumption of innocence and the right to a broad defense point to the inapplicability of preclusion in relation to the evidential activity carried out by the accused in criminal proceedings
Criminal procedure · Criminology · Political science · Sociology · Criminal Law and Evidence · European Criminal Justice and Data Protection · International Law and Human Rights · Law
| Citations per year | 0.5 |
|---|---|
| Citation span | 2024 - 2024 (1) |
| Highly cited | No |