ANOTHER NOTION OF PROOF BASED ON CRIMINAL LAWSUITS IN BRAZIL

Abstract

In this article, written in the style of a philosophy of law essay, critical reflections and inferences were produced about the evidence in the Brazilian criminal lawsuit, from an empirical context. Observations on experiences regarding evidence in selected criminal lawsuits served as the basis for offering other conceptual notions about proof in Brazilian criminal lawsuits. The research was documental and empirical, reserving the bibliographic survey only to illustrate the traditional conceptions about proof in the Brazilian criminal lawsuit. Surveys were made of documents about the criminal lawsuits described and of scientific or doctrinal texts in relation to the subject. The empirical character enabled the exploratory-descriptive content of the research, using the inductive method regarding 0the treatment of data. A qualitative analysis was carried out, offering analytical-interpretative examinations about the materials raised to support the formulated considerations. After the descriptions and analyzes of the corpus, some proposals of inferences were exposed to offer another notion of proof in and for the criminal lawsuit in Brazil. In the end, some conclusive considerations were made about the impacts that the other notion of proof can generate in the Brazilian criminal lawsuit.