O interrogatório por videoconferência: sinônimo de tecnologia ou prejuízo no direito de defesa do réu?

Abstract

In this study, we attempt to discuss the interrogation by video, which though currently provide legal and forecast to represent a significant advance in technology will be demonstrated that their use causes prejudice the right of defense of the defendant. The study aims to demonstrate that the use of videoconferencing in the implementation of this act offends justice, because the principles are not kept and the constitutional guarantees of the defendant, are not guaranteed. The video came from the need to expedite the transfer and sharing of information at any place and today is a digital communication system, audiovisual, real-time. Their use starts in the private sector, giving good results and then started to be used in the public sector to implement the interrogation of the defendants, that comes with it incited criticism for the lack of physical presence of asking considered, fundamental and indispensable. Once this technology is not able to be used in the interrogation of the defendant, therefore, affect the broader defense and constitutional principles. Like all new technology generates a great debate, this research is based on the feasibility of using the online interview in the judiciary today, because of their poor use. Thus, it is the literature search, the method exegetic-legal and the historical-evolutionary, systematizing the study into three chapters. In the first chapter, will address the concept and nature of legal questioning, analyzing their characteristics are also the rights and interrogated in front of the constitutional guarantees. The second chapter will be an analysis of the concept of principles to show the distinction between them and the rules, with emphasis on principles related to interrogation. In the third chapter, in turn, will be treated the primary focus of the work, the use of videoconferencing in the interrogation of the defendant that although it is remarkable progress in the legal vernacular, has a significant delay in the right of defense of the defendant. Fussabout Given this, there is a need to invest in efficient forms of public safety, ensuring the fundamental rights of prisoners in isonomy.