O uso de cartas psicografadas como elemento probatório no Processo Penal brasileiro.

Abstract

The evidence plays a fundamental role in the Brazilian Criminal Procedure, since it helps substantially in the formation of the magistrate's free-convincing regarding the elaboration of the sentence and in the reconstruction of the facts in search of procedural truth. The wide admission of production and presentation of evidence in the course of the process has raised in the legal community an inquiry as to the admissibility of automatic writing material in judicial demands. The present undergraduate thesis aims to base the analysis and discussion of psychographed letters as evidence in the criminal process, entitled: ―The use of psychographed letters as a probative element in the Brazilian Criminal Procedure‖. The present work was aimed at examining the evidence in the Brazilian Criminal Procedure, focusing its classifications, the means of evidence in the light of current doctrine and legislation and the evidence considered illegal and illegitimate in the Brazilian Criminal Procedure, with the purpose of understanding the juridical studies that surround the theme, as well as dealing with the emergence and conceptualization of the spiritist science, the institute of mediumship and its unfolding through psychography and psycographed letters as a result of the mediumistic phenomenon, with the aim of developing a study about spiritist science; in addition to performing an analysis of the psycographed letters in the Brazilian Criminal Procedure, the use of psycographed letter as a probative element, passing through the relevance of the handwriting exam as an expert examination, making an approach of the cases in which the psychographed letters were used in Brazil. The scientific research used the method of deductive approach, aiming to carry out a study on the procedural doctrine, the current legal order, the Spiritist doctrine, besides other materials of analysis of the spiritist science and specific scientific articles, as theoretical reference. As a procedure, the qualitative method was used, seeking to understand the nature of the phenomena present in the spiritist science and establishing a solid correspondence with the legal science, having as a technical procedure and source of information the bibliographic research.This way, based on the assumptions of procedural law, it concludes from the juridical and scientific necessity to comprehend the intervention of psychographed material as evidence in the criminal process and its admissibility before the principle of evidentiary freedom and the principle of the search for real truth, in conformity with the problem and hypothesis presented: Problem - Is it legally possible to use psychographed letters as a probative element in the Brazilian Criminal Procedure? Hypothesis - Yes, given that in Brazilian Criminal Procedural Law there are no restrictions on the means of evidence that can be used, given that the role provided in the Code of Criminal Procedure is merely exemplary in respect to freedom of evidence, in addition to this, the use of psychographed letters is supported by doctrine and judged as evidence of a documentary nature.