Deconstruction of the myth of “real truth” and the role of the magistrate in the Criminal Procedure while constitutional instrument

Authors

  • Leonardo Biagioni de Lima

DOI:

https://doi.org/10.21207/1983.4225.88

Keywords:

processo penal, modelo garantista, teoria do conhecimento, verdade real.

Abstract

It’s been sought to use the criminal procedure as a means of pursuing and constituting a real truth about past events that are being investigated, perverting the functions of the judicial agents and transpassing the defendant’s guarantees. Thus, the idea of truth, its convalescence in the criminal procedure, the judge’s role and the constitutionality of this principle will be verified through a philosophical-legal prism, focusing on deconstituting this myth which seems, to many jurists, to be already established in the criminal procedure.

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Published

2010-12-12

Issue

Section

Artigos de Discentes