Garantias constitucionais no processo penal: videoconferência na fase interrogatório do réu.

Abstract

This monographic work search to argue problematic the referring one to the use of the videoconferencia in the interrogation of the defendant. In this way, the related research tries to analyze if the definitive technological mechanism disrespects certain basic guarantees and constitutional assured by the Federal Constitution of Brazil of 1988. Also some brought advantages are shown, for the videoconferencia, to the judiciary Brazilian. In this direction, it must be mentioned that the use of technological instruments, in the legal way, finishes generating a bigger celeridade, economy and security, to the process as a whole. However, the deriving advantages of such modern tools cannot never violate the inherent rights to counsel to the male defendant. The methods used for the accomplishment of this academic work had been bibliographical and the legal exegetico, having these, the purpose biggest to emphasize the problematic one and to develop the cited monograph. For the best understanding of the alluded subject, the positionings of some specialized Brazilian authors in the criminal area had been used. With this, it can be arrived the referring logical conclusions at the application of the videoconferencia in the teleinterrogatorio. In the development of the related work the laws had been made some related commentaries n° 11,819/05 and 11,900/09, in the direction to analyze unconstitutionality, or not, of the videoconferencia in the Brazilian criminal proceeding, and more specifically, in the phase of the interrogation of the defendant. Therefore, it can be said that the videoconferencia provides a series of benefits to the native legal system, however, at the same time, it is inconceivable that in a democratic state of right the ways of defense it male defendant are, of some form, disrespected.