Atos probatórios de ofício: os poderes instrutórios do juiz à luz do modelo acusatório e dos princípios processuais penais.

Abstract

The criminal prosecution has scoped collection of evidence aimed at finding the facts that occurred and the formation of the conviction by the judge. Given this, the doctrine protested the questioning on the admissibility of a court's active participation in the production of evidence that to base his conviction, observing the current model of criminal procedure and principles governing the matter. Indeed, this work is central to the study of the possibility for the court to determine, ex officio, the production of evidence in criminal proceedings. The objective of the research is therefore to investigate the compatibility between the powers granted to the judge by instructive Code of Criminal Procedure and the constitutional parameters and procedural principles inherent in criminal prosecution. To study the development of the screen is employed as a method of the deductive approach and methods as the exegetical and legal procedure, the systemic and the empirical. The research technique, in turn, is the bibliography. In general, it appears in the present work that prevails in doctrine and jurisprudence the position that proclaims the admissibility of evidence production, ex officio, as a tribute to the principles of real truth and office impulse, and because of its compatibility with the procedure system adopted. In contrast, some authors, in a minority position, condemning the intervention of the judge in the production of evidence, on the grounds that the measure faces the adversarial model outlined by the Constitution and the fundamental principles of criminal procedure. It is observed, moreover, that in position also in the minority are scholars, aiming to meet the principle of favor king, admit the production of evidence, ex-officio by the judge only in exceptional cases and for the benefit of the defendant, having, still, who defend such a exceptional measure only during the process to resolve questions about relevant point.