O direito fundamental à prova e à defesa no processo penal: análise crítica da atuação defensiva nos momentos processuais probatórios

Abstract

This thesis aims to demonstrate that the right to evidence, explored timidly by national doctrine and jurisprudence, is nothing more than a legal fiction when assessed in relation to the procedural defenses carried out by State Public Defender's Offices. In this step, we will first position the right to evidence within the epistemic context of a renewed general theory of evidence and, after analyzing the evidence that can be produced by the parties, we will unravel the content of the right to evidence, the so-called evidentiary procedural moments. In a second moment, we will make the necessary comparison between theory and practice, starting to develop empirical research both in the administrative organization of the public institutions participating in the Criminal Proceedings, and in the ongoing or ongoing proceedings themselves before five Brazilian capitals that represent the five national regions. Finally, we will outline some proposals and suggestions so that the right to defensive evidence finally ceases to be a legal fiction. The methods used to develop the work were logical-deductive, based on the bibliographic review of national and foreign authors, as well as empirical analysis with a predominantly quantitative bias, but also supported by qualitative questions for specific points