Um (novo) olhar à iniciativa instrutória do juiz no processo penal brasileiro

Abstract

This study aimed to examine if the change in the wording of Article 212 of the Criminal Procedure Code, introduced by Law No. 11,690 / 08, imported in reducing instructive magistrate's powers during the inquisition of witnesses, or whether, on the contrary, remained preserved judicial instructory initiative in conducting the Brazilian criminal proceedings. For this purpose, the analysis was carried out by doctrinal and jurisprudential research and the approach was based on the dialectical method. The procedure methods used in this research are the comparative and monographic. The reason for this is the relevance to point out the justification of each position on the divergent issue, given the different interpretations of Article 212 from the Code and verify case study related to the jurisprudence. The work was divided into two chapters, while in the first, there are the main arguments underlying the discussions on the subject. In the second chapter, behind a study of the main characteristics of testimonial evidence, tried to relate the interpretations arising under the laws, the doctrine and jurisprudence to the new wording of Article 212 of the Criminal Procedure Code and its consequent implications for production oral test. In the end, it was established that there is a current that sets the judge must remain inert at the time of the oral test harvest and, on the other hand, there is the position of those who support the possibility of judge’s probative initiative in criminal proceedings at the time of examination of witnesses.