A aceitabilidade da psicografia como meio de prova no processo penal.

Abstract

Over the centuries, the Judicial Sciences come through transformations, looking increasingly combine new legal methods to social needs. These scientific methods is characterized by its humanistic bias, which prioritizes a wider look to the process, investigating a variety of means evidence enabling a consistent conclusion with the conduct of the facts, without distancing the impartial perspective of jurisprudence. Among that diversity, is the Psychograph material, requiring a deeper analysis of the process, when the evidence of a material fact is insufficient basis for determining the sentence. Therefore, this work is to show the feasibility of evidence psychograph in very exceptional cases when the legal standards are insufficient to reach a categorical conclusion of reality. It noted that, for this reason, these should save link with other existing evidence in the file of the case, avoiding any deception. For both, were used as objects of analysis and bibliographic searches documentary, through which divergent legal positions were confronted when the observation of this type of evidence. This investigation had the intention of presenting, so free from any conception of religion, the feasibility of the psychograph be accepted as evidence in the middle Criminal Process. The results show that found cases of this nature have already determined the sentence of processes, both to facilitate the construction of the line argument the magistrate, on the belief of the jury. So, it appears the possibility of the material psychograph be instrument evidence, provided there is an analysis Graphoscopy rigorous, which the scientific nature of the data documentary. We must therefore see without prejudice and without conceptions previous, the fact that Psychograph be subsidiary and not autonomous, morally legitimate and lawful, since there is no law any rule a prohibitive the presentation of a document produced by Psychograph.