A VALORAÇÃO DA PROVA ORAL NO PROCESSO PENAL BRASILEIRO

Abstract

The present work had as main objective the accomplishment of a jurisprudential survey regarding the analysis that has been carried out by the Courts when evaluating the oral evidence in the scope of the domestic criminal process. Initially, brief considerations were made regarding the system of evidential valuation adopted mostly in Brazil - rational persuasion - in order to enter objectively in the assessment of oral evidence by national jurisprudence. In this context, several judgments of the Supreme Federal Court, Superior Court of Justice and several State Courts were analyzed, in which precedents were established regarding the valuation of the victim's word, the testimony of police witnesses and informants, as well as the statements of the defendant, whether he is a collaborator or not. Data collection was performed based on accessible sources, such as: printed documents, scientific articles, books and judges, always considering the need for data collection from various sources. The data were analyzed using the hypothetical-deductive method, collected information analyzed and compared in a dialectical way. The results achieved with the research with concrete as to the contribution to the debate that permeates the theme, concluding by the need to build a jurisprudential framework that allows the valuation of the evidence in order to respect the principles of the presumption of innocence and the prohibition of protection deficient.