EVIDENCE IN CRIMINAL JUSTICE: THE IMPORTANCE OF THE EVIDENCE EVALUATION AND ITS CONTROL IN APPEAL
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 ev...
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| Format: | Article |
| Language: | Portuguese |
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Universidade Federal de Santa Maria
2018-08-01
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| Series: | Revista Eletrônica do Curso de Direito da UFSM |
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| Online Access: | https://periodicos.ufsm.br/revistadireito/article/view/30012 |
| _version_ | 1818409588255358976 |
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| author | Vinicius Gomes de Vasconcellos |
| author_facet | Vinicius Gomes de Vasconcellos |
| author_sort | Vinicius Gomes de Vasconcellos |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-12-14T10:02:01Z |
| format | Article |
| id | doaj.art-505f923b412d4d02b35607245d0ed16c |
| institution | Directory Open Access Journal |
| issn | 1981-3694 1981-3694 |
| language | Portuguese |
| last_indexed | 2024-12-14T10:02:01Z |
| publishDate | 2018-08-01 |
| publisher | Universidade Federal de Santa Maria |
| record_format | Article |
| series | Revista Eletrônica do Curso de Direito da UFSM |
| spelling | doaj.art-505f923b412d4d02b35607245d0ed16c2022-12-21T23:07:14ZporUniversidade Federal de Santa MariaRevista Eletrônica do Curso de Direito da UFSM1981-36941981-36942018-08-0113269572110.5902/198136943001215324EVIDENCE IN CRIMINAL JUSTICE: THE IMPORTANCE OF THE EVIDENCE EVALUATION AND ITS CONTROL IN APPEALVinicius Gomes de Vasconcellos0Universidade Federal do Rio de Janeiro (pós-doutorando - discente) Centro Universitário FIEO (Osasco/SP) (mestrado - docente) Faculdades Integradas Campos Salles (SP) (graduação - docente)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.https://periodicos.ufsm.br/revistadireito/article/view/30012decisão penalfatosprovacontroleprocesso penal. |
| spellingShingle | Vinicius Gomes de Vasconcellos EVIDENCE IN CRIMINAL JUSTICE: THE IMPORTANCE OF THE EVIDENCE EVALUATION AND ITS CONTROL IN APPEAL Revista Eletrônica do Curso de Direito da UFSM decisão penal fatos prova controle processo penal. |
| title | EVIDENCE IN CRIMINAL JUSTICE: THE IMPORTANCE OF THE EVIDENCE EVALUATION AND ITS CONTROL IN APPEAL |
| title_full | EVIDENCE IN CRIMINAL JUSTICE: THE IMPORTANCE OF THE EVIDENCE EVALUATION AND ITS CONTROL IN APPEAL |
| title_fullStr | EVIDENCE IN CRIMINAL JUSTICE: THE IMPORTANCE OF THE EVIDENCE EVALUATION AND ITS CONTROL IN APPEAL |
| title_full_unstemmed | EVIDENCE IN CRIMINAL JUSTICE: THE IMPORTANCE OF THE EVIDENCE EVALUATION AND ITS CONTROL IN APPEAL |
| title_short | EVIDENCE IN CRIMINAL JUSTICE: THE IMPORTANCE OF THE EVIDENCE EVALUATION AND ITS CONTROL IN APPEAL |
| title_sort | evidence in criminal justice the importance of the evidence evaluation and its control in appeal |
| topic | decisão penal fatos prova controle processo penal. |
| url | https://periodicos.ufsm.br/revistadireito/article/view/30012 |
| work_keys_str_mv | AT viniciusgomesdevasconcellos evidenceincriminaljusticetheimportanceoftheevidenceevaluationanditscontrolinappeal |